FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Toya Alek Graham and Connecticut Civil Liberties Union Foundation,
		Complainants
	against		Docket #FIC 2002-196
Chairman, State of Connecticut, Board of Parole; and State of Connecticut, Board of Parole,
		Respondent	September 11, 2002

 

The above-captioned matter was heard as a contested case on July 16, 2002, at which time the complainants appeared and presented testimony, exhibits and argument on the complaint.  The respondents did not appear, although the Commission’s records reflect that the notice of hearing in this matter was delivered to the respondents on June 21, 2002, and June 20, 2002, respectively.

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.

 

2.      It is found that, by letter dated March 7, 2002, the complainants requested that the respondents provide them with certain information and copies, as well as access to inspect the files of inmates who received parole revocation hearings in the year 2001. 

 

3.   It is found that, by letter dated March 12, 2002, the respondents acknowledged receipt of the letter described in paragraph 2, above. It is further found that, by letter dated March 28, 2002, the respondents provided the complainants with the requested information and informed them that the requested copies would be provided upon payment of a copying fee; however, the respondents also informed the complainants that the request for access to inmate files had been forwarded to the Connecticut Department of Correction and the Office of the Attorney General for consultation.

 

4. It is found that, by letter dated April 23, 2002, the complainants renewed their request for access to inspect the files of inmates who received parole revocation hearings in the year 2001. 

 

5.  By letter dated April 29, 2002, and filed on April 30, 2002, the complainants appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide access to the requested inmate files.   

 

            6.  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 inspect such records promptly during regular office or business hours….

 

            7.  It is concluded that, to the extent that the respondents maintain or keep on file the requested inmate files, such records are public records within the meaning of  §1-210(a), G.S.

 

8.  It is found that the respondents failed to prove that the requested inmate files are exempt from mandatory disclosure. 

 

9.  It is therefore concluded that the respondents violated §1-210(a), G.S., when they failed to provide the complainants with prompt access to such files, as alleged in the complaint.

 

          10.  The Commission notes that the respondents’ failure to appear at the hearing on this matter demonstrates a disregard for the Commission’s proceedings in this matter.

 

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

 

1.  The respondents shall forthwith provide the complainants with an opportunity to inspect the files of inmates who received parole revocation hearings in the year 2001. 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 2002.

 

_______________________________________

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:

 

Toya Alek Graham and Connecticut

Civil Liberties Union Foundation

32 Grand Street

Hartford, CT 06106

 

Chairman, State of Connecticut,

Board of Parole; and State of

Connecticut, Board of Parole

c/o Terrence M. O'Neill, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-196/FD/paj/9/17/2002