FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Serecia Stewart,
Complainant
against Docket #FIC 94-109
Warden, Hartell DWI, State of Connecticut,
Department of Correction,
Respondent February 2, 1995
The above-captioned matter was heard as a contested case on September 20, 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. It is found that the complainant by a memorandum dated February 27, 1994, requested from the respondent a copy of a memorandum concerning herself which was written by Captain Bruce Bussiere and addressed to Lieutenent Moore, (hereinafter "requested record").
3. It is found that the respondent replied to the complainant by memorandum dated March 3, 1994, acknowledging receipt of her request and stating "I am considering your request, but first I need to know how you learned of this memo."
4. It is found that the complainant by memorandum dated March 6, 1994 made a second request to the respondent for the requested record.
5. Having failed to receive a copy of the requested record the complainant on April 5, 1994 filed this appeal with the Freedom of Information Commission ("FOIC").
6. Section 1-18a(d), G.S., defines public record as "any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, whether such data or information be handwritten, typed, tape-recorded, printed, phostated, photographed or recorded by any other method."
Docket #FIC 94-109 Page 2
7. Section 1-19(a), G.S., provides 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 inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15. [Emphasis added.]
8. It is found that the requested record ia a public record within the meaning of 1-18a(d) and 1-19(a), G.S.
9. It is also found that on May 2, 1994, the respondent provided the complainant with a deleted copy of a March 9, 1994 memorandum.
10. However, it is found that the March 9, 1994 memorandum is not responsive to the complainant's February 27, 1994 request as it was issued after the respondent's acknowledgement on March 3, 1994 that he was considering disclosure of the specific memorandum, now at issue, and to which he referred on March 3 "but first I need to know how you learned of this memo."
11. At the hearing in this matter the respondent offered no reason for his failure to promptly provide the complainant with the requested record.
12. It is found that as of the date of the hearing in this matter the respondent has failed to provide the complainant with the specific memorandum she requested, and to which he referred in his March 3, 1994 memorandum as being under consideration for disclosure.
13. It is therefore concluded that the respondent violated 1-15 and 1-19(a), G.S., when he failed to promptly provide the complainant with a copy of the requested memorandum.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall within ten days of the receipt of the notice of final decision in this matter provide the complainant with a copy of the requested memorandum without charge.
Docket #FIC 94-109 Page 3
2. Henceforth, the respondent shall strictly comply with the provisions of 1-15 and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of January 25, 1995.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-109 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:
SERECIA STEWART
17 Brookdale Avenue
Bloomfield, CT 06002
WARDEN, HARTELL DWI, STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION
c/o Lt. Kenneth Kowaleski
580 North Street
Windsor Locks, CT 06095
Debra L. Rembowski
Clerk of the Commission