FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mitchell Poudrier,

 

                        Complainant

 

            against              Docket #FIC 94-409

 

State of Connecticut, Department of Social Services, Job Connection Unit,

 

                        Respondent                  November 8, 1995

 

            The above-captioned matter was initially scheduled for hearing as a contested case on June 27, 1995 at which time both the complainant and respondent failed to appear.  The matter was reopened and heard as a contested case on August 24, 1995, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint, however, the respondent failed to appear.  The matter was again reopened and heard as a contested case on October 16, 1995, at which time both the complainant and respondent appeared 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 respondent maintains a job connection record ("file"), concerning the complainant.

 

            3.         It is found that on October 20, 1994, the complainant was given access to the file's full contents.

 

            4.         It is found that at the time that the complainant was given access to his file he believed that the file should be more voluminous.

 

            5.         It is found that on October 21, 1994, the complainant signed a release form authorizing disclosure to him of the entire contents of his file, and all other records concerning him in the possession of the respondent.

 

Docket #FIC 94-409                           Page 2

 

            6.         By letter dated November 1, 1994, the complainant reiterated his request for a copy of his file and related information.

 

            7.         By letter of complaint filed with the Commission on November 18, 1994, the complainant alleged that the respondent failed to respond to, or comply with, his requests to receive a complete copy of his file.

 

            8.         It is found that the respondent maintains a file  concerning the complainant that dates from his original application in 1988.

 

            9.         It is found that attendance and mileage records have been purged from the file.

 

            10.       It is found that at the October 16, 1995 hearing the respondent permitted the complainant to re-examine the file in its possession, and the complainant noticed that a letter from his legal services attorney was not in the file.

 

            11.       At the October 16, 1995 hearing the respondent agreed to provide the complainant with a complete copy of his file as it presently exists.  The respondent will send the records within ten business days from the date of the hearing by certified mail to the complainant.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  Based upon a tender of compliance, as set forth in paragraph 11 of the findings, above, which was agreed to by the complainant, the complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 8, 1995.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 94-409                           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. Mitchell D. Poudrier

85 Squaw Hollow Road

Ashford, CT 06278

 

State of Connecticut, Department of Social Services, Job Connection Unit

c/o Jane D. Comerford, Esq.

Assistant Attorney General

P.O. Box 120

Hartford, CT 06141-0120

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission