FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Tammy Canna,
Complainant
against Docket
#FIC 95-402
Director of Investigations,
State of Connecticut
Department of Children and
Families,
Respondent June 26, 1996
The above-captioned matter was heard as a contested
case on April 11, 1996, at which time the complainant appeared and presented
testimony, exhibits and argument on the complaint but the respondent failed to
appear.
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 with this Commission on November 24, 1995, the complainant
alleged that the respondent violated the provisions of the Freedom of
Information ("FOI") Act by denying her request for records concerning
the Julia Day Nursery & Kindergarten.
3. It is
found that by letter dated October 20, 1995, the complainant requested of the
respondent all documents concerning or involving the Julia Day Nursery &
Kindergarten and/or its staff, including its licensing, complaints involving
said school/day care center and/or its staff, and any investigation of such complaints.
4. The
records identified in paragraph 3, above, are public records within the meaning
of 1-18a(d), G.S.
5. It is
found that by letter dated October 26, 1995, the respondent denied the
complainant's request contending that 17A-28(b), G.S., exempts the records
from disclosure.
6. It is
found that the complainant did not seek any information that would identify
individual children or their families.
7. It is also
found that the complainant was mandated to
Docket #FIC 95-402 Page
2
report suspected child abuse
pursuant to 17a-101, G.S., and accordingly is able to receive information
regarding the results of the investigation and remedial measures taken pursuant
to 17a-28(d)(7), G.S.
8. On April
15, 1996, the respondent received via certified mail this Commission's order
for the production of the records at issue for an in camera inspection, which
records were to be delivered to this Commission's offices no later than April
29, 1996.
9. The
Commission notes that the respondent failed to follow-up with the order to
produce records for in camera inspection.
10. It is
concluded that the respondent failed to prove which if any records responsive
to the complainant's request are exempt from disclosure under the facts of this
case.
11. It is
accordingly concluded that the respondent violated the provisions of
1-19(a), G.S., by failing to provide to the complainant those records
regarding the results of the investigation of the Julia Day Nursery and
Kindergarten and remedial measures taken thereafter.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. Henceforth
the respondent shall strictly comply with the provisions of 1-19(a), G.S.
2. The
respondent shall forthwith provide to the complainant copies of those records
identified in paragraph 3 of the findings, above, free of charge, redacted only
as necessary to prevent identification of individual children and their
families.
3. In light
of the complainant's status as a daycare provider imposing upon her the
statutory burden of accusing her employer when child abuse is suspected, the
respondent's failure to appear at the hearing into this matter and subsequent
disregard of this Commission's order to submit evidence is egregious and cannot
be overlooked. Accordingly, the
respondent shall be notified of the time and date this Commission will consider
why the maximum civil penalties permitted under law should not be imposed on
the respondent.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 26, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-402 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:
Tammy Canna
c/o Attorney Donna Decker
Morris
55 Whitney Avenue
P.O. Box 1684
New Haven, CT 06510-1300
Director of Investigations
State of Connecticut
Department of Children &
Families
1 Long Wharf
New Haven, CT 06511
Elizabeth A. Leifert
Acting Clerk of the
Commission