FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Richard M.
Griest,
Complainant
against Docket #FIC 86-239
State of
Connecticut Department of Motor Vehicles and Driver Licensing Division, State
of Connecticut Department of Motor Vehicles,
Respondents December 16, 1986
The above-captioned matter was heard
as a contested case on September 25, 1986, at which time the complainant and
the respondents appeared and presented testimony, exhibits and argument on the
complaint.
After consideration of the entire
record, the following facts are found:
1. The
respondent department of motor vehicles is a public agency within the meaning
of 1-18a(a), G.S.
2. By
letter dated August 15, 1986 the complainant made a request of the respondent
for access to "audit" accident reports required by 14-108, G.S.,
for information relating to Safeco Insurance Companies. The complainant proposed inspecting the
files covering the five years prior to his request and dictating the
information into a recorder.
3. By
letter dated August 21, 1986 the respondent informed the complainant that the
information sought could be contained in any of an estimated 340,000 files and
that to ensure that no confidential information was released, such files would
have to be searched by employees of the respondent. Pursuant to 14-50a, G.S., the complainant would be charged
$4.50 for each accident file searched, at the total cost of approximately
$1,530,000.
4. By
letter of complaint filed with the Commission on August 26, 1986 the
complainant appealed the respondent's failure to provide direct access to
inspect its files, at no cost.
Docket #FIC
86-239 Page Two
5. The
respondent claims that the complainant's request is governed by 14-50a(a),
G.S., which provides that "[t]he following fees shall be charged by the
commissioner of motor vehicles for the item or service indicated: . . . 5. Each search of the [respondent's] accident
record files made pursuant to a request for a copy of an accident report which
results in no document being produced, $3.00.
On and after July 1, 1985, the fee shall be $4.50."
6. It
is found that the complainant has not requested copies of accident reports and
that the provisions of 14-50a(a)(5), G.S. are therefore not
applicable. The respondent indicated at
hearing that it does not charge for the production of a file for inspection
only.
7. The
respondent does not claim that accident reports are not disclosable, but
maintains that it cannot allow the complainant direct access to its files, in
the interest of protecting the integrity of the files and of protecting
potentially exempt information from disclosure.
8. Section
1-19(a), G.S., provides that every person shall have the right to inspect
public records promptly, but does not require a public agency to grant direct
access to its files such as has been requested by the complainant.
9. It
is concluded that the respondent did not violate 1-19(a), G.S., when it
failed to provide the complainant direct access to its files for the purpose of
inspecting accident reports.
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.
2. The
Commission notes that the decision herein is limited strictly to the issue of
whether the respondent violated 1-19(a), G.S., by denying the complainant
direct access to its files, as requested.
Approved by order of the Freedom of
Information Commission at its special meeting of December 16, 1986
ÿ
Catherine I.
Hostetter
Acting Clerk
of the Commission