FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Robert L.
Silvestri,
Complainant
against Docket #FIC 86-70
Personnel
Officer, Connecticut Correctional Center,
Respondent April 23, 1986
The above captioned matter was heard
as a contested case on April 3, 1986, 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:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By letter to the respondent dated February 23, 1986, the complainant
requested copies of the following records:
a. The shift commander's report concerning
a fire drill on June 4, 1985;
b. Lt. Cardella's report regarding the
fire drill;
c. The third shift commander's report
concerning the death of an inmate in north block housing unit on November 21,
1985;
d. The first shift commander's report
regarding the November 21, 1985 incident;
e. The coroner's report regarding the
inmates's death; and
Docket #FIC
86-70
Page 2
f. The statement by Commanding Officer M.
Laverty
regarding the
north block door key incident on May 14, 1985.
3.
On or about February 27, 1986 the complainant made another request of
the respondent for a copy of the supervisor's manual for the department of
corrections.
4.
From denial of access to the information set forth in paragraphs 2 and 3
above, the complainant appealed to the Commission by letter of complaint filed
on March 18, 1986.
5.
At the hearing, the complainant and respondent agreed the Commission
could take administrative notice of testimony, evidence and exhibits in FIC
#76-183 and apply it to this case.
6.
Also at the hearing, the respondent provided the complainant with copies
of the records set forth in paragraphs 2c,
2d, 2e, 2f and 3
above.
7.
It is found, however, that more than 30 days have elapsed between the
complainant's request for the documents and the respondent's compliance.
8.
It is therefore concluded that the respondent violated 1-15
and 1-19(a), G.S., by failing to disclose a copy of the requested records promptly.
9.
It is found that the records set forth in paragraghs 2a and 2b above do
not exist.
10.
The respondent claims that the chief medical examiner's report requested
by the complainant is exempt from disclosure pursuant to 19a-411, G.S.
11.
It is found that the requested autopsy report constitutes a public
record under 1-18a(d) and 1-19(a), G.S., and must be disclosed under
1-15 and 1-19(a), G.S., unless otherwise exempted by state or federal
law.
12.
It is further found that 19a-411, G.S., does not provide an
exemption to the disclosure of the requested record in this case.
Docket #FIC
86-70
Page 3
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 chief medical examiner's report concerning the inmate's death.
2. Henceforth the respondent shall
act in strict compliance with the requirements of 1-15 and 1-19(a),
G.S., regarding the disclosure of public records.
Approved by order of the Freedom of
Information Commission at its special meeting of April 23, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission