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