FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Board of
Directors and Executive Director, Gateway Communities, Inc.,
Complainants
against Docket #FIC 86-208
Director, Region
I, Department of Mental Health,
Respondent February 25, 1987
The above-captioned matter was
scheduled for hearing on August 25, 1986, September 18, 1986 and October 23,
1986, at which times the parties appeared and presented evidence and argument
on the complaint. On November 17, 1986
the complainant was permitted to submit additional tape recorded evidence,
while at the same time complainant's request to reopen the hearing was denied .
After consideration of the entire
record the following facts are found:
1. The respondent is a public agency
within the meaning of 1-18a(a), G.S.
2. By letter dated July 1, 1986, the
complainant made a request of the respondent for copies of records pertaining
to the regional mental health board process which resulted in the denial of funding for the Gateway Communities,
Inc., a provider of mental health services for persons with mental health
problems.
3. By letter dated July 10, 1986 the
respondent suggested that the documents were best obtained from the board which
generated them.
4. Thereafter, while the FOIC hearings were ongoing, the respondent provided
copies of some records to the complainant.
5. 1-15, G.S. and 1-19(a), G.S.,
require that public records be provided "promptly," when a request
for copies has been made in writing.
6. It is found that the respondent did not
provide copies of public records promptly to the complainant as required by
1-15 and 1-19(a), G.S.
Docket #FIC
86-208
page 2
7. The respondent withheld three records
from the complainant on the ground that the records were exempt from
disclosure. The records withheld are as
follows:
(a) a
letter from a former Gateway resident evaluating Gateway services;
(b) the
respondent's hand-written notes of three meetings at which she was present; and
(c) the
respondent's hand-written notes of three telephone calls which she received.
8. The respondent claims that the letter
described at paragraph 7(a), above, is exempt from disclosure under
1-19(b)(2), G.S.
9. The letter contains detailed
information relating to the personal history, treatment, and events taking
place when the writer of the letter was living at a Gateway halfway house.
10. It is found that the letter is a file
similar to a medical file within the meaning of 1-19(b)(2), G.S.
11. It is further found, based upon the facts
of this case, that disclosure of any portion of the letter could lead to
identification of the writer as a person with mental health problems, and
resident of a half-way house, and that such disclosure would constitute an
invasion of personal privacy of the writer.
12. It is concluded that the letter is exempt
from disclosure under 1-19(b)(2), G.S.
13. The respondent contends that the
hand-written notes of meetings and telephone calls described at paragraph 7(b)
and (c), above, are not subject to disclosure because they are not public
records within the meaning of 1-18a(d), G.S.
14. It is found that the hand-written notes
of the respondent are public records within the meaning of 1-18a(d), G.S.,
because they are recorded data or information relating to the conduct of the
public's business prepared, owned, used and retained by a public agency.
15. It is further found that the respondent
failed to prove that the notes were exempt from disclosure under
1-19(b)(1), G.S., because she
failed to prove that she had determined that the public interest in withholding
such documents clearly outweighs the public interest in disclosure.
Docket #FIC
86-208
page 3
16. The complainant alleges because of the
structure of the review process and by virtue of the respondent's participation
in it, that the respondent has the duty to provide additional records, not
maintained in the office of the respondent, which were part of the board review
process.
17. It is found that under the facts of this
case, neither the structure of the review process, nor the respondent's
participation in it, create a duty under the FOIA to obtain records from other
agencies or persons to satisfy the complainant's request.
The following order by the
commission is hereby recommended on the basis of the above-captioned complaint.
1. The respondent forthwith shall provide
the complainant with copies of her notes of telephone calls and meetings which
are described more fully at paragraphs 7(b) and 7(c), herein.
2. Henceforth the respondent shall comply
with 1-15 and 1-19(a), G.S.
Approved by order of the Freedom of
Information Commission at its regular meeting of February 25, 1987.
ÿ
Karen J. Haggett
Clerk of the Commission