FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Stephen J. Link, | |||
Complainants | |||
against | Docket #FIC 1998-183 | ||
Chairperson, State of
Connecticut, Department of Environmental Protection, Human Resources Division; and State of Connecticut, Department of Environmental Protection, Human Resources Division, |
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Respondents | January 27, 1999 |
The above-captioned matter was heard as a
contested case on November 17, 1998, 1997, at which time the complainant and the
respondent appeared, 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.
2. It is found that by letter dated June 1, 1998, the complainant made a Freedom of Information request for:
a. a copy of the job description for Family Relations Officers, specifically the job description applicable to the obligations and responsibilities of a family relations officer named Mary dePaola;
b. a copy of the handbook or manual (or compendium of documents, known by any other name) which relates to the policies, procedures, and practices for family relations officers employed by the state of Connecticut;
c. and a copy of the administrative procedures regarding custody evaluations by family relations officers employed by the state of Connecticut.
3. It is found that the respondent responded to the complainants request and provided the following:
a. Code of Ethics and Standards for Professional Conduct - Family Relations Service Unit;
b. Appendix V - Family Relations Counselor II;
c. and Program Description - Family-Focused Custody/Visitation Evaluation Procedures.
4. By letter dated June 23, 1998, and received by this Commission on June 29, 1998, the complainant filed a complaint against the respondent alleging that there were some 10 to 11 binders containing records responsive to his request and that he would consider his request denied by the respondent if no additional information was forthcoming.
5. Section 1-19(a), G.S., provides in relevant part that:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours.
6. Section 1-15(a), G.S., provides in relevant part that:
[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.
7. If is found that, to the extent that such records exist, the records more fully described in paragraph 2, above, are public records within the meaning of § 1-18a(5), G.S.
8. At the hearing on this matter, the respondent testified that it provided all the information it maintained that was responsive to the complainants request, and that the binders described in paragraph 4, above, do not exist.
9. It is found that the complainant provided no evidence that the respondent maintains any records, other than those provided, responsive to his request.
10. It is therefore found that the respondent provided the complainant with all of the records it maintains responsive to the complainants request.
11. It is therefore concluded that the respondent did not violate § § 1-19(a) or 1-15(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 January 27, 1999.
_________________________
Melanie R. Balfour
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:
Stephen J. Link
Christmas Steps
PO Box 316
Monroe, CT 06468
Family Relations Officer,
New Haven Superior Court
c/o Atty. Martin R. Libbin and
Atty. Nancy A. Porter
Superior Court Operations
Legal Services
100 Washington Street
PO Box 150474
Hartford, CT 06115-0474
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1998-183FD/mrb01291999