FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on August 26, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See  Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

 

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 on December 17, 2007, the complainant made a written request for copies of “the contract between the State of Connecticut and [the] Inmate Legal Assistance Program.”

 

3.      It is found that the respondents acknowledged the complainant’s request for copies of records, described in paragraph 2, above, on December 21, 2007, but did not on that date provide a copy of the contract.

 

4.      By letter dated January 8, 2008, and filed January 17, 2008, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to provide him with a copy of the record he requested.  The complainant requested a civil penalty.

 

5.   Section 1-200(5) G.S., defines “public records or files” as:

 

Any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, … whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

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 . . .  receive a copy of such records in accordance with section 1-212.

 

7.   Section 1-212(a), G.S., provides in relevant part that “any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

 

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

 

9.      It is found that on January 22, 2008, the respondents sent a letter to the complainant, advising him that a copy of the Inmate Legal Assistance Program contract is located at his facility’s library, where the complainant could review the contract without cost.

 

10.   It is found that the complainant does not remember receiving the respondents’ letter of January 22, 2008, although the complainant did learn at some point that his facility’s library had a copy of the Inmate Legal Assistance Program contract.  It is further found that the complainant requested a copy of the contract so that he did not need to review the contract in the library within the time allotted to him for library use.

 

11.   It is found that on July 15, 2008, the complainant received a copy of the Inmate Legal Assistance Program contract from the respondents, and that the respondents did not charge the complainant for such copies.

 

12.   It is concluded that the respondents violated the FOI Act by failing to promptly provide the complainant with a copy of the records he requested, described in paragraph 2, above.

 

13.   The Commission declines to consider the imposition of a civil penalty.

Based on the facts and circumstances of the record concerning the above-captioned complaint, no order is recommended by the Commission. 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 24, 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:

 

Robin Elliott, #24941

Northern Correctional Institution

281 Bilton Road

PO Box 665

Somers, CT 06071

 

Theresa Lantz, Commissioner,

State of Connecticut,

Department of Correction; and

State of Connecticut,

Department of Correction

c/o Nicole Anker, Esq.

Department of Correction

24 Wolcott Hill Road

Wethersfield, CT 06109

 

 

 

 

__________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2008-042FD/paj/9/29/2008