FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Robert Joss,

 

                                Complainant

 

                against                   Docket #FIC 95-259

 

State of Connecticut, Department of Correction,

 

                                Respondent                          May 22, 1996

 

                The above-captioned matter was reopened and heard as a contested case on March 26, 1996, at which time the complainant and the respondent appeared, stipuated 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 dated July 26, 1995 and filed with the Commission on July 28, 1995, the complainant appealed to the Commission alleging that the respondent denied him access to records of certain accusations made against him.

 

                3.  At the hearing on this matter, the complainant indicated that the records he is seeking from the respondent concern certain accusations of homosexual conduct, allegedly made against him by certain officers while he was incarcerated during 1995, (hereinafter "the accusations").

 

                4.  It is found that by letter dated June 30, 1995, the complainant requested that the respondent provide him with access to his file regarding the accusations.

 

                5.  It is found however, that there is no evidence of the address to which the complainant sent the June 30, 1995 letter, described in paragraph 4, above, nor is there any evidence that the respondent received such letter prior to receiving the Commission's notice, dated August 9, 1995, that the complainant had filed this appeal.

 

                6.  It is therefore found that the respondent did not become aware of the complainant's request for records of accusations prior to its receipt of the Commission's August 9, 1995 notice, described in paragraph 5, above.

 

Docket #FIC 95-259                                             Page 2

 

                7.  It is found that by letter dated February 27, 1996 the respondent informed the complainant that he would provide him with access to inspect or to receive copies of all records "we have on you", including computer data printouts.

 

                8.  It is found that on March 7, 1996 the complainant visited the respondent's office and inspected the records, described in paragraph 8, above.

 

                9.  It is found that the respondent does not maintain any records responsive to the complainant's request for records of accusations.

 

                10.  It is therefore concluded that the respondent did not violate 1-19(a), G.S., when it failed to provide the complainant with access to records of accusations.

 

                11.  The Commission finds troubling however, that it took in excess of six months for the respondent's response and offer of access to the records it does maintain, as described in paragraph 7, above.  Such a response does not comply with the requirements of 1-19(a) and 1-21i(a), 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 May 22, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-259                                             Page 3

 

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:

Robert Joss

116 Cherry Hill Road

Hamden, CT 06514

 

Rick Dixon

State of Connecticut

Department of Correction

340 Capitol Avenue

Hartford, Connecticut 06106

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission