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