FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

            The above-captioned matter was heard as a contested case on July 20, 2007, at which time the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complainant failed to appear.

 

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.  By letter of complaint filed March 30, 2007, the complainant appealed to the Commission alleging that the respondent denied her January 29, 2007, March 13, 2007 and March 15, 2007 requests for public records relating to her sexual harassment complaint against her supervisor, and to her grievance numbered OLR 07-4660.

 

3.  Section 1-200(5), G.S., provides:

 

“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

4.  Section 1-210(a), G.S., provides in relevant part:

 

Except 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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

5.  It is found that the records requested by the complainant are public records within the meaning of §§1-200(5) and 1-210(a), G.S.

 

6.  It is found that the respondent provided all the public records in its custody that are responsive to the complainant’s requests. 

 

7.  It is further found that the respondent has been providing responsive records to the complainant since 2003.

 

8.  It is further found that the respondent has diligently searched for records responsive to the complainant’s requests, and additionally answered her questions about those records.

 

9.  It is found that the complainant has avoided payment for copies of records, has submitted requests for records under different names in order to avoid payment, and requested the same records repeatedly without apparent reason.

 

10.  It is found that, notwithstanding the complainant’s uncooperative behavior, the respondent has at all times cordially and professionally complied with its duties under the FOI Act.

 

11.  It is concluded that the respondent did not violate §1-210(a), G.S.

 

 

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

 

1.  The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 26, 2008.

 

________________________________

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:

 

Renee Jackson

192 Country Lane

East Hartford, CT 06118

           

Legal Department,

State of Connecticut,

Office of Policy and Management

c/o Gareth D. Bye, Esq.

450 Capitol Avenue

Hartford, CT 06106

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-198FD/paj/3/27/2008