FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Carlton Jolley, | |||
| Complainant | |||
| against | Docket #FIC 2008-496 | ||
|
Executive Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; and State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care, |
|||
| Respondents | June 10, 2009 | ||
The above-captioned matter was heard on April 1, 2009, 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, by letter dated May 30, 2008, the complainant requested a copy of all contracts between Correctional Managed Health Care and drug wholesalers, manufacturers, and pharmaceutical companies providing NSAID pain medication for the period 2007-2008 (hereinafter “the requested records”).
3. It is found that the respondents acknowledged the complainant’s request, by letter dated June 9, 2008.
4. It is found that by letter dated July 10, 2008, the complainant reiterated his request and informed the respondents that all he needed was the part of the contract that provides “the name and address of the wholesaler/manufacturer, etc…”
5. It is found that, by letter dated July 21, 2008, the respondents acknowledged the letter described in paragraph 4, above.
6. It is found that, by letter dated July 25, 2008, the respondents provided the complainant with the names and addresses requested, as described in paragraph 4, above, which the respondents ascertained from sources other than a contract.
7. By letter dated July 27, 2008 and filed on July 29, 2008, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with the requested records, specifically, the contracts described in paragraph 2, above.
8. Section 1-200(5), G.S., provides in relevant part that:
“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.
9. 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.
10. 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 . . . .”
11. It is found that there are no contracts as described in paragraph 2, above, and that therefore, the respondents do not maintain such records.
12. It is concluded that the respondents did not violate the FOI Act 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 complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 10, 2009.
____________________________
S. Wilson
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:
Carlton Jolley #167121
Executive Director, State of
Connecticut, University of
Connecticut Health Center,
Correctional Managed Health
Care; and State of Connecticut,
University of Connecticut
Health Center, Correctional
Managed Health Care
C/o Donald R. Green, Esq.
Assistant Attorney General
State of Connecticut
UCONN Health Center
263 Farmington Avenue, MC 3803
Farmington, CT 06030
____________________________
S. Wilson
Acting Clerk of the Commission
FIC/2008-496FD/sw/6/16/2009