FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Thomas J. Jeffrey,

Complainant

against Docket #FIC 1997-207

Connecticut Commission on

Human Rights & Opportunities,

Respondent January 14, 1998

The above-captioned matter was heard as a contested case on October 21, 1997, 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(1), G.S. (prior to October 1, 1997, §1-18a(a), G.S.).

2. By letter dated March 16, 1997, the complainant requested that the respondent provide him with copies of the following:

a) facts provided by Alfred Bucknall and Willie Biggs to Rodney Warner, an investigator employed by the respondent, regarding the respondent’s case #9430164; and

b) information with respect to an investigation of Mr. Warner.

3. On several occasions between March 16, 1997, and May 21, 1997, the complainant discussed his request with an employee of the respondent via telephone, and at some point it was conveyed to the complainant that the respondent was attempting to locate the requested file and that he would be given access to it when it was so located.

4. By letter dated April 3, 1997, the complainant again requested information related to an investigation of Mr. Warner.

5. By letter dated April 23, 1997, the respondent’s executive director informed the complainant that there had been no finding to support a claim against Mr. Warner.

6. On May 21, 1997, the complainant paid for and obtained a copy of a tape from the respondent’s case file #9430164, at which time he also agreed that he would telephone to set up an appointment to review the file at a later time. It is further found that the complainant did not later telephone to make an appointment to review the file.

7. Under cover letter dated June 26, 1997, the respondent sent the complainant copies of all records responsive to the request more fully described in paragraph 2.a., above.

8. By letter dated July 1, 1997 and filed on July 7, 1997, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him a copy of the requested records.

9. It is found that the requested records are public records within the meaning of §§1-18a(5) (prior to October 1, 1997, §1-18a(d)) and 1-19(a), G.S.

10. Under cover letter dated September 16, 1997, the respondent’s counsel provided the complainant with records relating to the executive director’s investigation of Mr. Warner, which had subsequently been found in a separate location.

11. It is found that both the June 26, 1997 letter referenced in paragraph 7, above, and the September 16, 1997 letter referenced in paragraph 10, above, were addressed to the complainant at an address in Beacon Falls, Connecticut, which is the residence of the complainant’s father. It is further found that the complainant resides in Waterbury, Connecticut and never received such mailings. It is further found that respondent reasonably believed that the complainant wished to have his mail delivered to the Beacon Falls address.

12. Section 1-19(a), G.S., in relevant part states:

…every person shall have the right to inspect [public] records promptly during regular office hours or to receive a copy of such records in accordance with the provisions of section 1-15….

13. It is found that the respondent promptly provided access to all existing records responsive to the complainant’s request for information regarding its file #9430164.

14. It is further found, however, that the respondent was not prompt in providing the complainant with the requested records regarding the investigation of Mr. Warner.

15. It is therefore concluded that the respondent violated §1-19(a), G.S., by failing to promptly provide the complainant with records regarding the investigation of Mr. Warner.

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

1. If it has not already done so, the respondent shall forthwith provide the complainant with copies of the records more fully described in paragraphs 7 and 10 of the findings, above, without delay.

2. Henceforth, the respondent shall strictly comply with the provisions of §1-19(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of January 14, 1998.

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

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:

Thomas J. Jeffrey

100 Fulkerson Drive Apt. 37

Waterbury, CT 06708

Connecticut Commission on

Human Rights & Opportunities

c/o Ray P. Pech

21 Grand Street

Hartford, CT 06106

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-207/FD/tcg/01201997