FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Janice Beauregard,

 

                                Complainant

 

                against                   Docket #FIC 95-422

 

Richard Colpitts, Assistant Health Director, Hartford Health Department;

and Karen Buffkin, Special Counsel, Office of the Corporation Counsel,

City of Hartford,

 

                                Respondents                        June 12, 1996

 

                The above-captioned matter was heard as a contested case on March 25, 1996, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

                2.  By letter of complaint filed with this Commission on August 21, 1995, the complainant alleged that the respondents violated the provisions of the Freedom of Information ("FOI") Act by failing to promptly provide to her public records, and she requested the imposition of civil penalties against the respondents.

 

                3.  It is found that by letter dated August 4, 1995, the complainant requested copies of the following:

 

                the health department budget narrative submitted for the June, 1992 budget process;

                a list of all persons slated for layoff by name, position, date of hire, and layoff decision maker for June, 1992;

                all persons terminated including name, position, date of hire, date of termination, termination decision maker during the June 1992 budget process;

                names and positions to which employees were recalled and reemployment dates;

                names and positions of employees whose terminations were rescinded during June, 1992 budget process and a copy of the letter rescinding the terminations.

 

Docket #FIC 95-422                                             Page 2

 

                4.  It is also found that the complainant informed the respondents that in order to give them adequate time to compile the requested records, she would wait until August 11, 1995 to pick up the records unless she was notified that the records would be available prior to that time.

 

                5.  The records identified in paragraph 3, above, are public records within the meaning of 1-18a(d), G.S.

 

                6.  By letter dated August 11, 1995, respondent Buffkin informed the complainant that her request was denied.

 

                7.  It is also found, however, that finally on September 8, 1995, respondent Buffkin provided layoff information concerning an administrative clerk and a nurse practitioner.  However, although the complainant herself was terminated in 1992, no information concerning the complainant was included in the provided information.

 

                8.  It is therefore concluded that the records provided to the complainant were not fully responsive to the complainant's request.

 

                9.  It is also concluded that under the facts of this case, the records that were in finally provided to the complainant on September 8, 1995 were not provided promptly pursuant to 1-15(a), G.S.

 

                10.  It is accordingly concluded that the  respondents violated 1-15(a), G.S., under the facts of this case.

 

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

 

                1.  The respondents shall arrange for a diligent search to be made of the offices of the Hartford Health Department for any and all records responsive to the request identified in paragraph 3 of the findings, above.

 

                2.  The respondents shall forthwith provide to the complainant a written explanation of the steps taken in conducting the search ordered in paragraph 1 of this order, above.  It shall also provide to the complainant at no cost any and all relevant records its search yields.

 

                3.  The respondents shall henceforth strictly comply with the requirement of promptness for the provision of public records in accordance with the FOI Act.

 

Docket #FIC 95-422                                             Page 3

 

                4.  In its discretion the Commission declines to issue civil penalties in this case.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 12, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-422                                             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:

Janice C. Beauregard

12 Merrill Street, Unit B3

Hartford, CT 06106

 

Richard Colpitts, Assistant Health Director, Hartford Health Department; Hartford Health Department and Karen Buffkin, Special Counsel, Office of the Corporation Counsel, City of Hartford

c/o Helen Apostolidis, Esq.

Assistant Corporation Counsel

550 Main Street

Hartford, CT 06103

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission