FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final
Decision
Jeffrey E. Zalewski,
Complainant
against Docket
#FIC 1996-094
Director of Equal Opportunity Assurance,
State of Connecticut, Department of
Administrative Services,
Respondent September
25, 1996
The
above-captioned matter was heard as a contested case on July 16, 1996, at which
time the complainant and the respondent 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 respondent is a public agency
within the meaning of §1-18a(a),
G.S.
2. By letter of complaint dated and filed
with the Commission on March 11, 1996, the complainant appealed to the
Commission alleging that the respondent violated the Freedom of Information
(“FOI”) Act denying him access to records.
3. It is found that the complainant, by
letter dated February 14, 1996, requested that the respondent provide him with
copies of any and all information, documents and notes concerning the
interviews conducted by the respondent with Pat Fongemie, Arlene Arnold,
Barbara Neznayko and John Weiss on January 5, 1996.
4. Having failed to receive the requested
records, the complainant filed this appeal with the Commission.
5. At the hearing on this matter, the
complainant indicated that the records he sought and requested from the
respondent were her hand-written notes taken during the interviews, referred to
in paragraph 3, above.
6. It is found that at the time of the
complainant’s request the respondent maintained hand-written notes which were
responsive to the complainant’s request.
7. It is found that sometime between the
date of the complainant’s request to the respondent and May 6, 1996, the
respondent had her secretary type up her hand-written notes (hereinafter “typed
notes”), following which the respondent destroyed the hand-written notes.
8. It is found that on May 6, 1996, the
respondent provided the complainant with a copy of the typed notes.
9. It is concluded that the hand-written
notes and the typed notes are public records within the meaning of §§1-18a(d)
and 1-19(a), G.S.
10. At the hearing on this matter, the
respondent’s only explanation regarding her failure to provide the complainant
with a copy of the hand-written notes and the typed notes, prior to May 6,
1996, was that she was busy during this time.
11. 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. [Emphasis
added.]
12. It is concluded that the respondent
failed to promptly provide the complainant with a copy of the requested notes,
and therefore she violated §§1-15(a)
and 1-19(a), G.S.
13. The Commission, in its discretion,
declines to impose a civil penalty.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1.
Henceforth,
the respoondent shall strictly comply with the requirements of §§1-15(a)
and 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:
Jeffrey E. Zalewski
36 Greer Road
Burlington, CT 06013
Director of Equal Opportunity Assurance, State
of Connecticut, Department of Administrative Services,
c/oSharon A. Scully, Esq.
Assistant Attorney General
55 Elm Street
P.O. Box 120
Hartford, CT 06106
__________________________
Elizabeth
A. Leifert
Acting
Clerk of the Commission