FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Donna Mitchell, | |||
| Complainants | |||
| against | Docket #FIC 2002-176 | ||
| Respondents | December 11, 2002 | ||
The above-captioned matter was heard as a contested case on September 10, 2002, at which time the complainant and the respondents appeared, stipulated to certain facts 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 respondents are public agencies within the meaning of §1-200(1), G.S.
2. It is found that, by letter dated March 28, 2002, the complainant requested that the respondents provide her with copies of several records related to the employment of Deopattie Parmanand, an employee of the respondents.
3. It is also found that, by letter dated April 18, 2002, the respondents provided the complainant with many records responsive to her request; however, the complainant was not provided with the following records which she had requested with respect to Ms. Parmanand’s position: job posting, job description, job requirements, education records; and records indicating provisions made for employees diagnosed with multiple sclerosis over the past ten years [hereinafter “the requested records”].
4. By letter dated May 14, 2002, and filed with the Commission on May 16, 2002, the complainant alleged that the respondents violated the Freedom of Information [hereinafter “FOI”] Act by denying the complainant copies of the requested records.
5. Section 1-210(a), G.S., provides in relevant part:
[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 or 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: “[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 respondents are required to keep job postings for two years and, at the time of the request described in paragraph 2, above, had discarded Ms. Parmanand’s job posting. It is also found that at no time did the respondents keep on file or maintain the type of educational records related to Ms. Parmanand that the complainant seeks, such as diplomas and transcripts. It is also found that at no time did the respondents keep on file or maintain records indicating provisions made for employees diagnosed with multiple sclerosis over the past ten years. Accordingly, it is concluded that the respondents did not violate the FOI Act with respect to the requests for the job posting, educational records, and multiple sclerosis records.
8. It is also found that the respondents provided the complainant with a copy of the job description/job requirement under cover letter of June 6, 2002. It is concluded that the provision of such record was not prompt within the meaning of §1-212(a), G.S., and that the respondents therefore violated such promptness provision.
Based upon the record concerning the above-captioned complaint, no order by the Commission is hereby recommended.
Approved by Order of the Freedom of Information Commission at its regular meeting of December 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:
Donna Mitchell
21 Harriet Tubman Court
Hartford, CT 06120
c/o Jane D. Comerford, Esq.
Assistant Attorney General
University of Connecticut Health
Center, Room LM043
Farmington, CT 06030-3803
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-176/FD/paj/12/12/2002