FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Ethan Book, Jr.,
Complainant
against Docket
#FIC 94-359
Manager, Motor Transport
Services, Bureau of Public Transportation,
State of Connecticut
Department of Transportation,
Respondent August 23, 1995
The above-captioned matter was heard as a contested
case on May 17, 1995, 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 of complaint filed October 12, 1994, the complainant appealed to the
Commission, alleging that his September 29, 1994 request for information had
not been responded to.
3. It
is found that the complainant by letter dated September 29, 1994, requested
that the respondent send him copies of position descriptions and performance
objectives for three named individuals, including the respondent and the
commissioner of the department of transportation.
4. It
is found that the respondent by letter dated January 18, 1995 provided the
requested job descriptions, together with the additional related information.
5. It
is concluded that the records provided to the complainant by the respondent are
public records within the meaning of 1-18a(d) and 1-19(a), G.S.
6. It
is found that the records are fully responsive to the complainant's request.
7. It
is also found that the respondent took no action on the complainant's request
for nearly four months, neither
Docket #FIC 94-359 Page
2
denying it nor referring
either the request or the complainant to the appropriate agency.
8. It
is found that the respondent ultimately walked down the hall to the office of
the personnel director, and, with clerical assistance, obtained the records
that he then sent to the complainant.
9. It
is found that the respondent is not the custodian of the requested records.
10. It
is also found, however, that the respondent by his actions assumed
responsibility for the complainant's request, and exercised control over the
requested records.
11. Section
1-19(a), G.S., provides in relevant part that every person shall have the right
to to receive a copy of public records in accordance with the provisions of
1-15, G.S.
12. Section
1-15(a), G.S., in turn provides that any person applying in writing shall
receive, promptly upon request, a plain or certified copy of any public record.
13. Also,
1-21i(a), G.S., provides with respect to denials of requests:
Any denial of the right to inspect or
copy records provided for under section 1-19 shall be made to the person
requesting such right by the public agency official who has custody or control
of the public record, in writing, within four business days of such request
.... Failure to comply with a request
to so inspect or copy such public record within the applicable number of
business days shall be deemed to be a denial.
14. It
is concluded that the respondent's failure to either comply with or expressly
deny the complainant's request constituted a violation of 1-15(a) and
1-21i(a), G.S.
15. The
Commission accepts the respondent's explanation that he did not intend to
single out the complainant for neglect, and that he was very busy. The Commission also notes, however, that the
respondent could have discharged his obligations under the FOI Act by simply
promptly referring the complainant or his request to the appropriate agency.
Docket #FIC 94-359 Page
3
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. Henceforth
the respondent shall strictly comply with the requirements of 1-15(a)
and 1-21i(a), G.S.
2. The
Commission advises the respondent that any future delay in complying with the
provisions of the Freedom of Information Act may result in the imposition of
civil penalties up to $1,000 per occurrence.
Approved by Order of the
Freedom of Information Commission at its regular meeting of August 23, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 94-359 Page
4
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:
Mr. Ethan Book
P.O. Box 1385
Fairfield, CT 06430
Manager, Motor Transportation
Services, Bureau of Public Transportation, State of Connecticut,
Department of Transportation
c/o Charles H. Walsh, Esq.
Assistant Attorney General
55 Elm Street
3rd Floor Annex
Hartford, CT 06141-0120
Elizabeth A. Leifert
Acting Clerk of the Commission