FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Thomas Lally,
Complainant
against Docket
#FIC 95-212
Acting Deputy Commissioner,
State of Connecticut,
Department of Correction,
Respondent May 22, 1996
The above-captioned matter was heard as a contested
case on February 7, 1996, 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 by letter dated June 2, 1995, the complainant requested that the
respondent provide him with a copy of the following documentation ("June
request"):
a. policy
and procedure for handling complaints against Department of Correction
("DOC") staff;
b. description
of the complaint filed by the complainant with DOC Commissioner Meachum
("DOC complaint");
c. description
of the decision-making process to investigate the DOC complaint;
d. the
nature of all investigations into the DOC complaint;
e. names
of persons interviewed with regard to the DOC complaint;
Docket #FIC 95-212 Page
2
f. facts
used to formulate a conclusion of the investigation, including the reasons for:
1) the excessive delay in bringing the DOC complaint to closure, and 2) not
keeping the complainant informed about the status of the investigation into his
complaint.
3. By letter
of complaint dated June 16, 1995, and filed with this Commission on June 26,
1995, the complainant alleged that the respondent failed to respond to, or
comply with his June request.
4. It
is found that the requested documents are public records within the meaning of
1-18a(d), G.S.
5. At the
hearing on this matter, the respondent acknowledged that six months elapsed
before any action was taken on the complainant's June request.
6. It is
found that the DOC complaint referred to in paragraph 2b, above, was received
by then DOC Commissioner Meachum.
7. It
is found that in December 1995, the respondent forwarded the complainant's June
request to the personnel director for DOC with instructions to locate and
compile the requested records.
8. It
is found that in late December 1995, the personnel director for DOC forwarded
the documentation that she had compiled to the attorney general's office for
review.
9. It
is found that in late January 1996, after reviewing the DOC documents, the
assistant attorney general assigned to handle the matter for the respondent
mailed to the complainant the records that had been forwarded to her from the
DOC, in response to the complainant's June request.
10. It
is found that in late January 1996, the only documentation provided to the
complainant by the respondent was a copy of his DOC complaint without the
attachments which were included with the original DOC complaint mailed to
Meachum.
11. At
the hearing on this matter the respondent offered a second tender of compliance
to the complainant.
12. After
reviewing the documents tendered at the hearing, however, the complainant
claimed that neither the documents mailed to him in late January 1996, nor the
documents provided at the hearing fully comply with his June request.
Docket #FIC 95-212 Page
3
13.
More specifically, the complainant stated that his June request was only
partially complied with, and the remaining requested records were simply not
provided.
14. It is
found that the complainant had submitted documents to the respondent attached
to his original DOC complaint, referred to in paragraph 2b, above, which were
not in either set of documents tendered by the respondent.
15. It is
found that the respondent failed to show that they had not received the
attachments referred to in paragraph 14, above, because neither Meachum nor the
respondent Acting Deputy Commissioner, David Elliott, attended the hearing on
this matter.
16. With
respect to the documents requested in the complainant's June request, as
identified in paragraphs 2a., and 2c. through 2f., above, the respondent claims
that there was no investigation of the complainant's DOC complaint and
therefore no documentation.
17. Despite
the respondent's claim, however, the Commission has insufficient evidence to
determine whether any documents exist relating to paragraphs 2a. and 2c.,
above, because the documents requested in paragraph 2a. concern DOC policy and
procedure, and the documents sought in paragraph 2c. should also be read to
include documentation relating to a decision by the respondent not to
investigate the DOC complaint.
18. Section
1-15(a), G.S. states in relevant part that:
Any person applying in writing shall receive, promptly
upon request, a plain or certified copy of any public record.
19. It is
concluded that the respondent violated 1-15(a), G.S., by failing to
promptly comply with the complainant's June request.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
Docket #FIC 95-212 Page
4
1. The
respondent shall immediately conduct a search for any records which are
responsive to the complainant's June request, in whatever form, either within
his possession or subject to his control, and to the extent such records exist,
provide the complainant with copies of such records, free of charge.
2. If
the search ordered in paragraph 1 of the order, above, reveals that no records
exist which are responsive to the complainant's June request, then the
respondent shall execute an affidavit detailing the particulars of the search
conducted, and stating that no such documents exist. The respondent must provide the complainant with such affidavit within
seven days of the date of mailing of the notice of final decision in this
matter.
3. Henceforth
the respondent shall strictly comply with the disclosure requirements of
1-15 and 1-19(a), G.S., particularly the clear statutory mandate to
provide copies of, or access to public records promptly upon request.
Approved by Order of the
Freedom of Information Commission at its regular meeting of May 22, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-212 Page
5
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:
Thomas Lally
P.O. Box 674
Storrs. CT 06268
Acting Deputy Commissioner,
State of Connecticut, Department of Correction
c/o Madeline A. Melchionne,
Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105-2192
Elizabeth A. Leifert
Acting Clerk of the
Commission