FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In
the Matter of a Complaint by Final
Decision
Christopher
Hoffman and The New
Haven
Register,
Complainants
against Docket
#FIC 1995-365
Leon
J. O’Connor, Director of Health,
Naugatuck
Valley Health District;
Rosalie
Averill, Chairman, Naugatuck
Valley
Health District Board of Directors;
Thomas
P. Clifford, III; Suzanne Abdalla;
Maureen
Monaco; Keith McLiverty; Helen
Magnamo;
Diane Sullivan; Mary Boland;
Delores
Nappi; Mary Casalveri; David
Beardsley;
Daniel Taylor; Grace Monahan
and
Naugatuck Valley Health District
Board
of Directors,
Respondents September
11, 1996
The above-captioned matter was heard
as a contested case on May 23, 1996, at which time the complainants and the
respondents appeared, stipulated to certain facts 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 dated October 24, 1995 and filed with
the Commission on October 26, 1995, the complainants appealed to the Commission
alleging that the respondents violated the Freedom of Information Act by
requesting that a written request form be completed by a requester prior to
providing access to inspect public records.
The complainants requested that the Commission impose civil penalties
upon the respondents.
3. At
the hearing into this matter, the respondents raised the issue of the
Commission’s jurisdiction to hear this complaint, contending that the
Commission
Docket
#FIC 1995-365 Page 2
deviated
from the requirements of Connecticut Regulations of State Agencies §1-21j-32a, G.S., by granting
the complainant’s request for postponement of hearing for a purpose not
permitted within such regulations.
4. Connecticut
Regulations of State Agencies §1-21j-13, G.S., however,
provides that:
Where good cause appears, the [FOI] commission, or any presiding officer may permit
deviation from these rules, except where precluded by statute. [Emphasis added.]
5. It is therefore concluded that pursuant to §1-21j-13, G.S., the Hearing
Officer’s granting of the complainant’s request for postponement was
permissible.
6. It is found that on October 13, 1995 the complainant Hoffman
requested that the respondent O’Connor allow him to inspect certain records
concerning well water contamination; that the respondent O’Connor requested
that the complainant Hoffman complete a request form prior to being given
access to inspect the records; that the complainant Hoffman refused to complete
the request form; that the respondent O’Connor in an attempt to comply with the
complainant’s request to inspect records completed the form himself, after
which the complainant Hoffman was provided with access to inspect the requested
records.
7. It
is found that the complainants did not request from the respondent board
members access to inspect records, nor is it found that the respondent board
members requested that the complainants first complete a request form prior to
providing the requested access.
8. Section
1-19(a), G.S., provides in relevant part that:
Except as otherwise provided by any federal law or
state statute, all records maintained
or kept on file by any public agency, whether or not such records are
required by any law or by any rule or regulation, shall be public records and every person shall have the right to
inspect such records promptly during regular office or business hours
or to receive a copy of such records in accordance with the provisions of
section 1-15.
Docket
#FIC 1995-365 Page 3
Any agency rule or
regulation, or part thereof, that conflicts with the provisions of this subsection
or diminishes or curtails in any way the rights granted by this subsection
shall be void. [Emphases added.]
9. It
is found that the respondent O’Connor’s request that the complainant first
complete a written request form prior to being allowed to inspect the requested
records is an agency rule that diminishes and curtails the complainant’s right
to inspect records within the meaning of §1-19(a), G.S.
10. It is
found however, that the respondent O’Connor’s completion of the form himself,
as described in paragraph 6, above, indicates his good faith effort to provide
the complainant with access to the requested records. The Commission applauds his effort.
11. It is
therefore, concluded that the respondent O’Connor technically violated §1-19(a), G.S., when he
requested that the complainant first complete a written request form prior to
being allowed to inspect the requested records.
12. It is
further concluded that the violation, as described in paragraph 11, above, was
not without reasonable grounds.
13. Accordingly,
the request that the Commission impose civil penalties is denied.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint:
1. Henceforth,
the respondent O’Connor shall strictly comply with the requirements of §1-19(a), G.S.
2. The
complaint is dismissed as against the respondent board members.
3. The
Commission takes this opportunity to remind the respondent board members that
although they were not the individuals to whom the complainant’s request was
directed, they too, as the governing body of the Naugatuck Valley Health
District must ensure that all possible measures are taken to comply with the
provisions of §1-19(a), G.S.
Docket
#FIC 1995-365 Page 4
Approved
by Order of the Freedom of Information Commission at its regular meeting of
September 11, 1996.
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission
Docket
# FIC 1995-365 Page
5
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:
Christopher
Hoffman and The New Haven Register
40
Sargent Drive
New
Haven, CT 06511
Leon
J. O’Connor, Director of Health, Naugatuck Valley Health District; Rosalie
Averill, Chairman, Naugatuck Valley Health District Board of Directors; Thomas
P. Clifford, III; Suzanne Abdalla; Maureen Monaco; Keith McLiverty; Helen
Magnamo; Diane Sullivan; Mary Boland; Delores Nappi; Mary Casalveri; David
Beardsley; Daniel Taylor; Grace Monahan and Naugatuck Valley Health District
Board of Directors,
c/o Alan J. Tyma, Esq.
23 Coran Avenue
Shelton, CT 06584
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission