FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of a
Complaint by FINAL
DECISION
Robert M. Anastasio,
Complainant
against Docket #FIC 94-64
Gerald Longworth,
Assistant Personnel Administrator, State of
Connecticut Department
of Children and Families,
Respondent August 10, 1994
The above-captioned matter was heard
as a contested case on July 8, 1994, at which time the complainant and the
respondent appeared, stipulated to certain facts and 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 of complaint filed February 28, 1994, the complainant appealed to the
Commission, alleging that the respondent had denied him access to certain
public records, and requesting that civil penalties be imposed against the
respondent.
3. It
is found that the complainant on February 3, 1994 requested access to a
document that had recently been distributed to the seven top managers in the
Region I office of the Department of Children and Families ("DCF").
4. It
is found that the document consisted of a draft, prepared by the Region I
program director, of uniform Region I policies.
5. It
is found that the program director had prepared the document at the request of
the Region I program supervisors at a management team meeting around October,
1993.
6. It
is found that the document was prepared after the program director reviewed the
various written policies submitted to him by the program supervisors.
7. It
is found that the document was incomplete, in that some sections consisted only
of headings, or a single line, or a question as to whether a particular issue
should be addressed.
Docket #FIC 94-64 Page 2
8. It
is also found that the purpose of the document, in the form it existed at the
time of the complainant's request, was to solicit feedback and comments from
the program supervisors.
9. It
is also found that the document was never completed, because while the program
director was in the process of incorporating the program supervisors' comments,
he learned that a comprehensive DCF policy manual was to supersede his own
efforts.
9. It
is concluded that the requested document is a public record within the meaning
of 1-18a(d) and 1-19(a), G.S.
10. The
respondent maintains that the document is exempt from disclosure pursuant to
1-19(b)(1), G.S., which provides:
Nothing in sections 1-15, 1-18a,
1-19 to 1-19b, inclusive, and 1-21 to 1-21k, inclusive, shall be construed to
require disclosure of (1) preliminary drafts or notes provided the
public agency has determined that the public interest in withholding such
documents clearly outweighs the public interest in disclosure ....
11. It
is found that the requested record is a preliminary draft within the meaning of
1-19(b)(1), G.S.
12. It
is also found that the respondent determined in good faith that the public
interest in withholding the requested record clearly outweighed the public
interest in disclosure.
13. The
complainant maintains that the public interest in withholding the record does
not in fact clearly outweigh the public interest in its disclosure.
14. It
is concluded, however, that 1-19(b)(1), G.S., places the responsibility
for making that determination on the respondent.
15. It
is therefore concluded that the respondent permissibly withheld the requested
document from disclosure.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
Docket #FIC 94-64 Page 3
1. The
complaint is dismissed.
Approved by Order of
the Freedom of Information Commission at its regular meeting of August 10,
1994.
Debra L.
Rembowski
Clerk of the
Commission
Docket #FIC 94-64 Page 4
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:
ROBERT M. ANASTASIO
263 Greene Street
New Haven, CT 06511
GERALD LONGWORTH,
ASSISTANT PERSONNEL ADMINISTRATOR, STATE
OF CONNECTICUT,
DEPARTMENT OF CHILDREN AND FAMILIES
c/o Rachel Baird, Esq.
Assistant Attorney
General
110 Sherman Street
Hartford, CT 06105
Debra L.
Rembowski
Clerk of the
Commission