FREEDOM OF INFORMATION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Thomas Hallinan,

 

            Complainant

 

            against                                                                          Docket #FIC 1996-209

 

Commissioner, State of Connecticut Department

of Mental Health and Addiction Services,

 

            Respondent                                                                  December 18, 1996

 

 

            The above-captioned matter was heard as a contested case on October 11, 1996, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint, but the respondent failed to appear.

 

            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 dated May 10, 1996, the complainant requested that the respondent provide him with, among other things, a copy of Deputy Commissioner Gorman’s written statement to the Connecticut Certification Board, Inc., stating his complaints against the complainant.

 

            3.  Having failed to receive a response to his May 10, 1996 letter of request, by letter dated May 17, 1996, and filed with the Commission on May 20, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him a copy of the requested letter.

 

4.  It is found that the requested record is a public record within the meaning of §1-18a(d) and 1-19(a), G.S.

 

            5.  Section 1-15(a), G.S., in relevant part states:

 

                        Any person applying in writing shall receive, promptly upon

                        request, a plain or certified copy of any public record …

 

6.  It is found that the respondent failed to comply with the complainant’s request identified in paragraph 2, above.

 

7.  It is therefore concluded that the respondent violated §1-15(a), G.S., under the facts of this case.

 

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

 

1.  The respondent shall forthwith provide the complainant with a copy of the requested letter, more fully described in paragraph 2 of the findings, above.

 

2.  Henceforth, the respondent shall strictly comply with the provisions of §1-15(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 18, 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:

 

Thomas Hallinan

20 Sterling Woods

Prospect, CT  06712-1353

 

Commissioner, State of Connecticut Department of Mental Health and Addiction Services

c/o  Deputy Commissioner Raymond Gorman

PO  Box 341431

Hartford, CT  06134

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIC1996-209/FD/eal/122096