FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Elizabeth Hamilton, Bill Sweeney |
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Complainant |
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against |
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Docket #FIC1999-617 |
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Commissioner, State of Connecticut, |
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Respondents |
April 12, 2000 |
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The above-captioned matter was heard as a contested case on February 22, 2000, at which time the complainants and the respondents appeared 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. It is found that by letter dated December 14, 1999, the complainants requested from the respondents documents related to an alleged September, 1999, incident involving a sixteen year old girl at Long Lane School, other reported incidents allegedly occurring at Long Lane School, and substantiated or unsubstantiated allegations of abuse or neglect of Connecticut children at out-of-state placement centers.
3. By letter of complaint dated December 21, 1999, and filed on December 30, 1999, the complainants appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying them access to the requested records.
4. At the hearing in this matter, the respondents moved to dismiss the complaint, contending that the Commission is without jurisdiction in this matter by virtue of §17a-28, G.S.
5. Section 17a-28, G.S., provides:
Notwithstanding the provisions of [the Freedom of Information Act], records maintained by the department [of Children and Families] shall be confidential and shall not be disclosed. Neither the commissioner nor any of his employees shall disclose, in whole or in part, the nature or content of any records of any person to any individual, agency, corporation or organization without the consent of the person, his attorney or his authorized representative, except as provided in subsections (c) and (d) of this section. Any unauthorized disclosure shall be punishable by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
6. It is concluded, following long-standing and frequently affirmed Commission precedent, that §17a-28, G.S., creates separate rights of access to the respondents’ records than those set forth in the FOI Act.
7. It is also concluded that §17a-28, G.S., controls the disclosure of the records at issue and not the FOI Act.
8. It is therefore concluded that the Commission lacks jurisdiction to enforce the rights of access created by §17a-28, G.S., and is without jurisdiction to issue a ruling on the request described in paragraph 2, above.
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
April 12, 2000.
_________________________
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:
Elizabeth Hamilton, Bill Sweeney and The Hartford Courant
373 East Main
Street
Middletown, Ct 06457
Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families
c/o Atty. Donald E. Shevchuk
Principal Attorney
Department of Children and Families
250 Hamilton Street
Hartford, CT 06106
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-617FD/mrb/04/13/00