FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Carole Casapulla,
Complainant
against Docket
#FIC 87-339
Regional Director of Region
5, State of Connecticut Department of Mental Retardation
Respondent May
11, 1988
The above-captioned matter was heard as a contested case
on March 29, 1988, at which time the complainant appeared, stipulated to
certain facts, and presented testimony and argument on the complaint. The respondent failed to appear.
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
dated November 9, 1987, the complainant requested the respondent provide her
with copies of the following documents pertaining to her son, Frank Casapulla,
Jr.:
a. a list of all files that have information on
Frank Casapulla, Jr.;
b. the record of the investigation of Mark
Smith for an incident that occurred on September 5, 1987;
c. all incident reports from October 1, 1985,
to the present, including the incidents that took place on June 18, 19, 29,
July 23, August 23 and September 5,
1987; and, if any such reports were missing, the complainant requested their
creation;
d. a copy of the family members resource book,
which is a companion to the family members handbook;
e. a computer printout of Frank Casapulla,
Jr.'s personal financial account, from October 1, 1986, to the present;
f. all minutes of all meetings held about Frank
Casapulla, Jr., including all committee meetings, such as the meetings of the
Department of Mental Retardation Region 5, the
Docket #FIC 87-339 Page
Two
Interdisciplinary
Team, and the Programmatic Administrative Review;
g. all Department of Mental Retardation
policies and an explanation of how they work;
h. a list of all counselors who work at the
Wintergreen Avenue Group Home, the names of all charges there, what shifts the
counselors work, and the names of counselors giving medication;
i. the purchase order for all of Frank
Casapulla, Jr.'s winter clothes; and
j. all information and tests done on Frank
Casapulla, Jr. from April 9, 1985, to the present;
3. By letter
dated November 16, 1987, the respondent advised the complainant that he would
have to consult with legal counsel before releasing any of the requested
records to the complainant.
4. At the
hearing, the complainant explained that she had learned the record described in
paragraph 2d, above, was still being printed and that she would not pursue her
request for that record at that time.
5. At the
hearing, the complainant also declined to pursue her request for the document
described in paragraph 2i, above.
6. It is found
that the complainant has not received any of the requested records nor any
further correspondence from the respondent.
7. It is found
that the complainant is the court-appointed legal guardian of Frank Casapulla,
Jr.
8. It is found
that disclosing the requested records to Frank Casapulla, Jr.'s legal guardian
would not invade his personal privacy.
10. It is found
that the respondent violated §§1-15 and 1-19(a), G.S., by not providing the
complainant with the requested records.
Docket #FIC 87-339 Page
Three
The following order of the Commission is hereby
recommended based on the record concerning the above-captioned complaint:
1. The respondent
forthwith shall provide the complainant with copies of the records described in
paragraphs 2a, b, c, e, f, g, h and j, above.
2. The respondent
henceforth shall act in strict compliance with §§1-15 and 1-19(a), G.S.
Approved by order of the Freedom of Information
Commission at its regular meeting of May 11, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission