FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In The Matter of a Complaint by                                               Final Decision

 

Steven Edelman,

 

                        Complainant

 

            against                                                                          Docket #FIC 1996-036

 

Richard G. Akeroyd, Jr., State of Connecticut

State Librarian, Connecticut State Library,

 

                        Respondent                                                      September 25, 1996

 

 

            The above-captioned matter was heard as a contested case on June 13, 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.  By letter of complaint filed with this Commission on February 8, 1996, the complainant alleged that the respondent violated the provisions of the Freedom of Information Act by failing to grant to him prompt access to public records.  The complainant also requested the imposition of civil penalties against the respondent.

 

3.  It is found that on January 25, 1996 at the state library, the complainant requested from the head of information services access to records involving the office of the attorney general including the following:

 

a) memos, recordings, communications, correspondence, letters and similar instruments pertaining to a November 20, 1995 letter sent to the state library board by Steven Edelman concerning public records administrator Eunice DiBella, and,

 

b) all records including memos, recordings, communications, books, pamphlets, correspondence, letters and the like pertaining to policies, regulations, guidelines, laws, files, procedures, and similar instruments governing the current conduct of the state library board.

 

4.  It is found that the records identified in paragraph 3, above, are public records within the meaning of §1-18a (d), G.S.

 

5.  It is found that on January 25, 1996, the head of information services for the state library told the complainant that the respondent was unavailable, but that the complainant would receive a response “as quickly as possible.”

 

6.  It is found that although the respondent returned from vacation on January 29, 1996, he finally mailed the following items responsive to the records request identified in paragraph 3 a), above, to the complainant on February 28, 1996:

 

all correspondence relating to Steven Edleman’s complaint letter of November 20, 1995, including twelve letters and memos dated from July 10, 1995 to February 21, 1996; and

 

minutes of the January 29, 1996 meeting of the state library board.

 

7.  It is also found that in his February 28, 1996 letter to the complainant, the respondent indicated that an extensive orientation manual provided to all library board members was available for inspection at the respondent’s office, although he failed to mention that there were general statutes or other books that might apply to the conduct of the state library board.

 

8.  At the hearing into this matter, the respondent conceded that his response to the complainant was not prompt pursuant to the provisions of the FOI Act, and that the complainant’s request “got buried” on his desk.

 

9.  It is concluded that the respondent violated the provisions of §1-19(a), G.S., concerning prompt access to public records under the facts of this case.

 

10.  In its discretion, the Commission declines to impose civil penalties against the respondent in this case.

 

            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 promptness provisions of §1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 25, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission

 

 

 

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:

 

Steven Edelman

Frog Pond

Windham Center, CT 06280

 

 

Richard G. Akeroyd, Jr., State of Connecticut State Librarian, Connecticut State Library

c/o Ralph E. Urban, Esq.

Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105-2294

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission