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