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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Bradshaw Smith, |
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Complainant |
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against |
Docket #FIC 2000-656 |
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Darcy Kirk, Director of Library |
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Respondent |
May 9, 2001 |
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The above-captioned matter was heard as a contested case on February 22, 2001, 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 §1-200(1), G.S.
2. It is found that, by letter dated November 13, 2000, the complainant requested that the respondent provide him with copies of the resumes/applications of the successful candidates for the two specified library assistant positions [hereinafter “requested records”].
3. It is found that, upon receiving the request described in paragraph 2, above, the respondent forwarded such request to the Director of the Office of Diversity and Training for the University of Connecticut at Storrs [hereinafter “diversity director”]. It is further found that, by letter dated November 17, 2000, the respondent informed the complainant that the diversity director would contact him regarding the requested records and that any questions regarding job searches should be directed to the diversity director.
4. By letter dated December 11, 2000, and filed on December 12, 2000, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information Act by denying his request for copies of the requested records. The complainant requested the imposition of a civil penalty in this matter.
5. Section 1-210(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…receive a copy of such records in accordance with the provisions of section 1-212….”
6. Section 1-212(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. It is found that the respondent does not keep on file or maintain the requested records, and that such records are kept on file and maintained by the diversity director, to whom the respondent properly forwarded the complainant’s request.
8. It is therefore concluded that the respondent did not violate §§1-210(a) and 1-212(a), G.S., as alleged in the complaint.
9.
It is found that the diversity
director provided the complainant with
the requested records under cover letter dated December 21, 2000.
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 9, 2001.
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Petrea A. Jones
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:
Bradshaw Smith
23 Ludlow Road
Windsor, CT 06095
Darcy Kirk, Director of Library Services,
University of Connecticut Law School
c/o Paul M. Shapiro, Esq. and
Paul S. McCarthy, Esq.
Assistant Attorneys General
The University of Connecticut
605 Gilbert Road, Box U-177
Storrs, CT 06269-1177
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-656/FD/paj/05/14/2001