FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Stephen T. Groninger,

 

                                Complainant

 

                against                   Docket #FIC 95-330

 

Director of Information Services, New Haven Free Public Library,

 

                                Respondent                          July 10, 1996

 

                The above-captioned matter was heard as a contested case on March 29, 1996, at which time the complainant and the 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 by letter to the respondent dated August 6, 1995 ("August request"), the complainant renewed a prior request for information about persons inquiring about and discussing his interlibrary loan requests on or about August 24, 1994, between 10:00 a.m. and noon, with librarian George Nowacki.

 

                3.             It is found that by letter to the respondent dated September 14, 1995 ("September request"), the complainant asked the respondent to provide him with a copy of his August request and her reply.

 

                4.             By letter of complaint dated September 20, 1995, and filed with this Commission on September 22, 1995, the complainant alleged that the respondent had failed to comply with his September request.

 

                5.             It is found that the resquested records are public records as defined in 1-18a(d), G.S.

 

Docket #FIC 95-330                                             Page Two

 

                6.             It is found that by letter to the complainant dated October 10, 1995 ("October letter"), the respondent referenced her letter to the complainant dated September 21, 1994, wherein she assured the complainant that "no individual or institution" had made inquiry about the content of his interlibrary loan requests, and she further advised him that Mr. Nowacki could not recall any inquiries or discussions about his interlibrary loan activities.

 

                7.             It is found that the respondent provided the complainant with copies of the requested records as enclosures in her October letter.

 

                8.             It is further found that in both the respondent's September 21, 1994 and October letters she stressed to the complainant that it would be a violation of library policy to "divulge information about a patron's interlibrary loan requests."

 

                9.             At the hearing on this matter ("hearing"), the respondent indicated that there may have been another library employee seated with Mr. Nowacki at the lower level circulation desk on the date and time in question, however, because the woman is no longer employed with the New Haven Free Public Library the respondent declined to identify her.

 

                10.           At the hearing the respondent further advised the complainant and the Commission that the scheduling record that might have contained the name of the woman referred to in paragraph 9, above, no longer exists because such records are only kept for one year.

 

                11.           It is found that the respondent violated 1-15(a) and 1-19(a), G.S., by failing to promptly comply with the complainant's September request.

 

                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 1-15 and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-330                                             Page Three

 

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:

Stephen T. Groninger

179 Dwight Street

Apt. 204

New Haven, CT 06511-4565

 

Director of Information Services, New Haven Free Public Library

c/o JoAnne Connelly

133 Elm Street

New Haven, CT 06510

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission