FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Richard R. Lindquist,

 

                        Complainant

 

            against              Docket #FIC 91-190

 

Associate Vice President for Administration and Research, University of Connecticut Health Center,

 

            Respondent                  November 27, 1991

 

            The above-captioned matter was heard as a contested case on October 3, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.         By letter dated June 11, 1991 the complainant requested copies of twenty-seven or more types of records from the respondent.

 

            3.         By letter of complaint filed with the Commission on July 11, 1991 the complainant claimed that the respondent had not complied with his request.

 

            4.         At hearing the sole issue for decision was whether the respondent had responded promptly to the complainant's request.

 

            5.         At hearing the respondent agreed to search for and to provide a copy of the record of Dr. Jungas' grant support if it could be found.

 

            6.         It is found that the complainant's request for records

 

#FIC 91-190                           Page Two

 

was voluminous.

 

            7.         It is found that most of the records sought by the complainant were provided in the two months following his request.

 

            8.         It is found that the efforts of the respondent to provide the requested records began the day after the complainant's request was made, and that the respondent's efforts continued on a regular basis.

 

            9.         It is found that the respondent's efforts were interupted by other business, by illness in his family, by state-wide furloughs, and by holidays, but it is fair to say that his efforts to satisfy the complainant were unrelenting.

 

            10.       It is found that command of 1-15, G.S., that records be provided promptly does not require that they be provided immediately, or within four business days, but rather that they be provided within a reasonable time.

 

            11.       It is concluded that the respondent did satisfy the complainant's request promptly as required by 1-15, G.S.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.         The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 27, 1991.

 

                                                                 

                                    Debra R. Rembowski

                                    Acting Clerk of the Commission

 

#FIC 91-190                           Page Three

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

Dr. Richard R. Lindquist, Associate Professor

Department of Pathology

UConn Health Center, Rm L1017

Farmington, CT 06030

 

Associate Vice President for Administration and Research

University of Connecticut Health Center

c/o Assistant Attorney General William N. Kleinman

UConn Health Center

263 Farmington Avenue

Farmington, CT 06030

 

                                                                 

                                    Debra R. Rembowski

                                    Acting Clerk of the Commission