FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Angela Silano,

 

            Complainant

 

            against                                                                          Docket #FIC 1996-165

 

State of Connecticut, Department of Insurance,

 

            Respondent                                                                  December 11, 1996

 

 

            The above-captioned matter was heard as a contested case on September 25, 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.  On March 11, 1996 and again on March 18, 1996, the complainant orally requested that the respondent provide her with access to notes taken at a meeting at the respondent department on August 29, 1995 regarding file #500601 (“requested records”).

 

            3.  By undated letter filed with this Commission on April 4, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying her access to the requested records during her March 11, 1996 visit to the respondent’s offices and again by telephone on March 18, 1996.

 

            4.  It is found that on March 11, 1996, the complainant visited the respondent’s offices and asked to review all records regarding file #500601 including all notes taken at and records of a meeting held at the respondent department on August 29, 1995.

 

5.  With respect to the allegations contained in paragraph 3, above, the respondent contends that it gave the complainant access to all existing records concerning the requested case file and August 29, 1995 meeting on March 11, 1996, the date of her first request.

 

 

6.  The complainant claims that the respondent should have notes and records additional to those she reviewed on March 11, 1996.

 

7.  It is found that on March 11, 1996, the respondent gave the complainant access to review and copy all records it maintains responsive to the complainant’s March, 1996 requests.

 

8.  It is found that even after the complaint was filed in this matter, the respondent made a further diligent search for any additional records responsive to the complainant’s March, 1996 requests, but this search did not yield any additional records.

 

9.  It is concluded that under the facts of this case, the respondent is not in violation of any provision of the FOI Act.

 

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.  The complaint is hereby dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 11, 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:

 

Angela Silano

1426 Huntington Turnpike

Trumbull, CT 06611

 

 

State of Connecticut, Department of Insurance

c/o  William J. Prensky, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIC 1996-165/FD/eal/121696