FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on April 22, 2003, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.  The respondent did not appear, although the Commission’s records reflect that the notice of hearing in this matter was delivered to the respondent on March 28, 2003.

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 22, 2002, the complainant requested that the respondent provide him with a printout, month-by-month, for the past ten years of the amounts paid by the complainant through the New Haven Police and Fire Pension Fund for Anthem medical coverage [hereinafter “the requested records”].

 

3.  Having failed to receive the requested records, by letter dated December 3, 2002, and filed on December 5, 2002, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information Act by failing to provide him with a printout of the requested records.    

 

4.  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….”

 

 

 

5.  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….”  

 

6.  It is found that, by letter dated December 9, 2002, the respondent provided the complainant with printouts indicating medical deduction amounts from the complainant’s monthly pension checks for the months of October, 2000; October, 2001; November, 2001; December, 2001; July, 2002; and November, 2002.  It is further found that, by such letter, the respondent informed the complainant that with such information, the complainant could calculate the approximate total amount paid for Anthem Blue Cross coverage.  It is also found that the respondent further informed the complainant that the total amount of insurance payments must be requested of Anthem Blue Cross. 

 

7.  It is found that the complainant thereafter attempted to obtain the requested records from Anthem Blue Cross, received minimal information from such organization, and was referred by such organization back to the New Haven Group Administrator in order to receive the requested breakdown of premium payments.

 

8.  It is found that, to the extent that the respondent maintains or keeps on file the requested records, such records are public records within the meaning of §1-210(a), G.S.

 

9.  It is found that the respondent failed to prove that the requested records are exempt from mandatory disclosure. 

 

10.  It is therefore concluded that the respondent violated §§1-210(a) and 1-212(a), G.S., when he failed to promptly provide the complainant with a copy of the requested records, as alleged in the complaint.

 

            11.  The Commission notes that the respondent’s 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 respondent shall forthwith provide the complainant with a printout of the requested records, free of charge.  The respondent need not again provide the complainant with copies of the printouts described in paragraph 6 of the findings, above.  

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

May 14, 2003.

 

 

 

___________________________________

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:

 

Arthur G. Kohloff

15 Parker Place

New Haven, CT 06512

 

Controller,

City of New Haven

200 Orange Street

New Haven, CT 06510

 

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-573FD/abg/05/16/2003