FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Carmine
Fragione,
Complainant
against Docket #FIC 89-263
Director, State
of Connecticut, Office of Adult Probation,
Respondent February 14, 1990
The above-captioned matter was heard
as a contested case on January 2, 1990, 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., only in respect to its administrative functions as it is found to
constitute an office within the judicial department pursuant to 54-103a,
G.S.
2.
By undated letter received by the respondent on June 15, 1989, the
complainant requested a copy of an audit report that was testified about at a
June 12, 1989 Freedom of Information Commission ("FOIC") hearing as
well as related memoranda and letters.
3.
By letter dated June 15, 1989, the respondent denied this request.
4.
By letter filed with this Commission June 22, 1989, the complainant
appealed this denial.
5.
The Commission takes administrative notice of its final decision in
contested case docket #FIC 89-48 and declines to reexamine the issues addressed
therein.
6.
It is found that although the respondent has no objection to providing
the complainant with a copy of the final audit report in issue, the respondent
has refrained from disclosing the record until ordered to so disclose by this
Commission because of objections by some of its employees not parties to this
case.
Docket #FIC
89-263 Page 2
7.
It is found that the audit report in issue is not a record contained in
the personnel or medical files and similar files of the respondent's employees.
8.
It is further found that the audit report in issue does not contain any
personal medical information, personal financial information, references to
religious affiliation, information concerning one's children, spouses or family
situation, or any other information unrelated to an employees performance or
qualifications as a public employee.
9.
It is concluded that 1-20a(b) and 1-20a(c), G.S. are not
applicable to the audit report in issue and accordingly offer the respondent no
opportunity to withhold its disclosure.
10.
It is concluded that the respondent violated 1-19(a), G.S. by
failing to provide the complainant with a copy of the final audit report
described in paragraph 2, above.
The following order of the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1.
The respondent forthwith shall provide the complainant with a copy of
the final audit report described in paragraph 2, above.
Approved by
order of the Freedom of Information Commission at its regular meeting of
February 14, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-263 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:
CARMINE FRAGIONE
24 Filley Street
Bloomfield, CT
06002
DIRECTOR, STATE
OF CONNECTICUT, OFFICE OF ADULT PROBATION
c/o Martin R.
Libbin, Esquire
Counsel, Legal
Services
231 Capitol
Avenue
Hartford, CT
06106
Tina C.
Frappier
Acting Clerk of the Commission