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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Melvin N. Kramer, |
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Complainants |
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against
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Docket #FIC
1999-298 |
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Director, State of Connecticut, |
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Respondents |
February
9, 2000 |
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The
above-captioned matter was heard as a contested case on September 23, 1999, at
which time the complainant and the respondents appeared, stipulated to certain
facts and presented 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 respondents are public agencies within the meaning of §1-200(1),
G.S. [formerly §1-18a(1),
G.S.]
2.
By letter dated March 3, 1999, the complainant made a comprehensive
request of the respondents for every record in the possession of the
respondents related to an outbreak of E. coli 0157:H7, attributed to Emerald
Produce Company, Rare Earth Organics and Fancy Cut Farms.
The complainant stated that patient identifiers could be deleted from
the records.
3.
By letter dated March 9, 1999, the respondents provided the complainant
with a summary of the investigation into the outbreak described in paragraph
2, above. However, the
respondents informed the complainant that, pursuant to §19a-25,
G.S., reports of the findings of studies of morbidity and mortality are
confidential.
4.
By letter dated June 15, 1999, the complainant renewed the request
described in paragraph 2, above.
5.
Having failed to receive the requested records, the complainant, by
letter dated June 22, 1999, and filed with the Commission on June 23, 1999,
alleged that the respondents violated the Freedom of Information (“FOI”)
Act by denying him access to the requested records.
6.
It is found that the respondents maintain the requested records and
that such records are public records within the meaning of §1-200(1),
G.S. [formerly §1-18a(1),
G.S.]
7.
Section 1-210(a), G.S. [formerly §1-19(a),
G.S.], provides that records maintained or kept on file by public agencies
shall be available to the public for inspection and copying except as
otherwise provided by federal law or state statute.
8.
Section 19a-25, G.S., in relevant part provides:
All
information,
records of interviews, written reports, statements, notes, memoranda or other
data, including personal data procured by the department of public
health and addiction services [Department of Public Health] or by staff
committees of facilities accredited by the department of public health and
addiction services [Department of Public Health] in connection with studies
of morbidity and mortality conducted by the department of public health
and addiction services [Department of Public Health] or such staff
committees, or carried on by said department or such staff committees jointly
with other persons, agencies or organizations, or procured by the directors of
health of towns, cities or boroughs or the department of public health and
addiction services [Department of Public Health] pursuant to section 19a-215,
or procured by such other persons, agencies or organizations, for the
purpose of reducing the morbidity or mortality from any cause or condition,
shall be confidential and shall be used solely for the purpose of medical or
scientific research and, for information obtained pursuant to section
19a-215, disease prevention and control by the local director of health and
the department of public health and addiction services [Department of Public
Health]. Such information,
records, reports, statements, notes, memoranda or other data shall not be
admissible as evidence in any action of any kind in any court or before any
other tribunal, board, agency or person, nor shall it be exhibited or its
contents disclosed in any way, in whole or in part, by any officer or
representative of the department of public health and addiction services [Department
of Public Health] or of any such facility, by any person participating in
such a research project or by any other person, except as may be necessary
for the
purpose of furthering the research project to which it relates….[Emphasis
added.]
9.
It is found that the requested records constitute information procured
by the respondents in connection with studies of morbidity and mortality
conducted by the respondents for the purpose of reducing the morbidity or
mortality within the meaning of §19a-25,
G.S.
10.
It is therefore concluded that the requested records are exempt from
mandatory disclosure pursuant to §19a-25,
G.S.
11.
It is further concluded that the respondents did not violate the §1-210(a),
G.S. [formerly §1-19(a),
G.S.], when they failed to provide the complainant with access to the
requested records.
The following order by the Commission is hereby recommended on the
basis of the record concerning the above-captioned complaint:
1.
The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular
meeting of
February 9, 2000.
________________________
Ann B. Gimmartino
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:
Melvin N. Kramer
c/o Thomas M. Cassone, Esq.
Bello, Lapine & Cassone
600 Summer Street
Stamford, CT
06901
Director, State of Connecticut,
Department of Public Health,
Office of Special Services; and
State of Connecticut, Department
of Public Health, Office of Special
Services
c/o Henry A. Salton, Esq.
Assistant Attorney General
P.O. Box 120
Hartford, CT
06141-0120
__________________________
Ann B. Gimmartino
Acting Clerk of the Commission
FIC1999-298/FD/mes/02101000