FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Frederick F. Mickiewicz,
Complainant
against Docket #FIC 93-330
Warden, Somers Correctional Institution, State of Connecticut,
Department of Correction,
Respondent June 8, 1994
The above-captioned matter was heard as a contested case on February 17, 1994, at which time only the complainant appeared, presented testimony, exhibits and argument on the complaint.
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 1-18a(a), G.S.
2. By letter dated December 8, 1993 and filed with the Commission on December 9, 1993 the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him access to a copy of the respondent's department boiler room telephone bill for August 12, 1993.
3. It is found that on two occasions the complainant requested of the respondent the record, described in paragraph 2, above, once approximately during the middle of November, 1993 and a second time approximately ten days later.
4. It is found that the respondent denied the complainant's record request by letter dated December 7, 1993, claiming that the information contained in the requested telephone records was "not germane to the issue of [the complainant's] discipline" and "the privacy and integrity of the phone numbers" needed to be protected.
5. It is found that the requested record is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.
6. Section 1-15, G. S. provides in pertinent part that "any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record."
Docket #FIC 93-330 Page 2
7. It is concluded that the respondent violated the provisions of 1-15 and 1-19(a), G.S., when he failed to promptly provide the complainant with a copy of the requested record.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall forthwith provide the complainant with a copy of the requested record. If such record is not in the respondent's possession, he shall immediately request a copy and provide the complainant with such copy. If the requested record does not exist, the respondent shall submit an affidavit to the complainant stating that such record does not exist.
2. Henceforth, the respondent shall strictly comply with the open records provisions of 1-15 and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 8, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 93-330 Page 3
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:
Mr. Frederick F. Mickiewicz
54 Tioga Street
Springfield, MA 01128
Warden, Somers Correctional Institution
State of Connecticut, Department of Correction
Bilton Road
P.O. Box 100
Somers, CT 06071
Debra L. Rembowski
Clerk of the Commission