FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Anthony Hernandez,

 

                        Complainant

 

            against              Docket #FIC 89-198

 

State of Connecticut, Office of the Attorney General,

 

                        Respondent                  January 24, 1990

 

            The above-captioned matter was heard as a contested case on November 27, 1989, 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.  It is found that by letters of request dated May 17, 1989, and June 5, 1989, the complainant requested certified copies of three categories of documents from the respondent.  The documents requested pertain to: a) rules and regulations regarding procurement of consultants; b) a breakdown of consultant contracts since 1983; and c) a breakdown of minority and small business contractors utilized under any set-aside program.

 

            3.  It is found that the requested records are public records within the meaning of 1-18a(d), G.S.

 

            4.  It is found that by letter of response dated June 19, 1989, the respondent provided the complainant with the following information:

            a)  a copy of its agency directives governing the procurement of outside counsel and non-attorney contractors;

 

            b)  a statement that no yearly breakdown of consultant contracts exists; and

 

            c)  a statement of agency exemption from any set-aside program.

 

Docket #FIC 89-198                                Page 2

 

            5.  Dissatisfied with the respondent's reply to the complainant's request for a yearly breakdown of consultant contracts, the complainant appealed to this Commission by letter of complaint dated June 22, 1989 and filed with the Commission on June 23, 1989.

 

            6. It is found that at the time of the respondent's reply to the complainant's request, the respondent agency believed that the complainant only desired documentation in the form of a yearly breakdown of consultant contracts.  However, no yearly breakdown of money spent for professional consultant services existed within the respondent's files.

 

            7.  It is found that subsequent to the filing of the complaint in this matter, the respondent agreed to give the complainant access to all of its consultant contract files, from 1983 to the present, so that the  complainant can extract and compile the specific information sought.

 

            8.  It is also found that the complainant has graciously accepted the respondent's offer to view the consultant contract files in the respondent's offices at a mutually convenient time, and wishes to withdraw the complaint.

 

            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 January 24, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-198                                Page 3

 

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:

ANTHONY HERNANDEZ

2600 Main Street

Bridgeport, CT 06606

 

STATE OF CONNECTICUT, OFFICE OF THE ATTORNEY GENERAL

c/o Richard Kehoe, Assistant Attorney General

P.O. Box 101

Hartford, CT 06106

 

            AND

 

Carroll T. Willis, Jr., Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission