FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was heard as a contested case on November 30, 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.  By letter of complaint filed June 19, 2009, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his request for a copy of a certain report made by a psychiatric social worker.

 

3.  It is found that the complainant was put on “special status” following a minor incident related to his mental health treatment, such status requiring that he be accompanied by two correction officers during any mental health treatments. 

 

4.  It is found that the complainant had good reason to believe that the change in status resulted from a report by a psychiatric social worker who had been treating  the complainant.

 

5.  It is found that the respondents did not provide the requested report.    

 

6.  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.

 

            7.  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. 

 

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

 

9.  It is concluded that the requested record, to the extent it exists, is a public record within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

            10.  It is found that the respondents do not have the requested report, because the report is not part of the complainant’s medical records, and the complainant’s medical records are the only relevant records maintained by the respondents.  Any such report would have concerned the conditions of the complainant’s custody, not his medical treatment plan, and therefore would not be maintained by the respondents.

           

11.  It is therefore concluded that the respondents did not violate the FOI Act as alleged.

 

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 May 26, 2010.

 

 

 

____________________________

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

287 Bilton Road

PO Box 665

Somers, CT 06071

 

Mark Buchanan, Director of Medical Services,

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

University of Connecticut Health Center, MC-3803

263 Farmington Avenue

Farmington, CT 06030-3803

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2009-365FD/paj/5/28/2010