FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Executive Director, State of Connecticut Office of Protection and Advocacy for Handicapped and Developmentally Disabled Persons,

 

                        Complainant

 

            against              Docket #FIC 89-335

 

Commissioner, State of Connecticut Department of Motor Vehicles,

 

                        Respondent                  March 14, 1990

 

            The above-captioned matter was heard as a contested case on January 29, 1990, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint, but the respondent failed to appear.

 

            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.  By letter of complaint dated August 22, 1989 and filed with the Commission on August 24, 1989, the complainant appealed to the Commission, alleging that he had received no response to his request for public records, as described in paragraph 3, below.

 

            3.  It is found that by letter dated August 10, 1989, the complainant requested from the respondent copies of the following records of the Department of Motor Vehicles ("DMV"):

 

            a.         any DMV regulations, policies or bulletins utilized regarding the licensing of people with disabilities;

 

            b.         any DMV regulations, policies or bulletins utilized regarding medical probation of licensees with disabilities;

 

            c.         any regulations, policies or bulletins utilized by the DMV's Medical Advisory Board;

 

            d.         any minutes of any meetings convened by DMV's Medical Advisory Board from January 1, 1989 to August 10, 1989; and

 

Docket #FIC 89-335                           Page 2

 

            e.         any recommendations of the DMV's Medical Advisory Board made pursuant to 14-46c(1), (2), (4) or (5), G.S.

 

            4.  It is concluded that all of the records described in paragraph 3, above, are public records within the meaning of 1-18a(d), G.S.

 

            5.  It is found that the respondent by letter dated January 18, 1990, provided copies of certain of the records requested by the complainant.

 

            6.  It is found that the number of records supplied by the respondents was not so voluminous as to require five months to provide.

 

            7.  It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide copies of public records promptly upon request.

 

            8.  It is found that none of the records provided by the respondent is responsive to those portions of the complainant's request described in paragraphs 3.c or 3.e, above.

 

            9.  It is also found that the respondent may have records in addition to those already provided to the complainant which are responsive to those portions of the complainant's request described in paragraphs 3.a, 3.b and 3.d, above.

 

            10.  At the hearing, the complainant requested that a civil penalty be imposed against the respondent.

 

            11.  The Commission in its discretion declines to impose a civil penalty.

 

            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 at no cost to the complainant copies of all records responsive to the complainant's request described in paragraph 3 of the findings above, and, within two weeks of the issuance of the Final Decision in this matter, provide the complainant with an affidavit stating that the respondent has conducted a thorough search of his records, and describing, by specific reference to the categories of records requested by the respondent, the types of records requested by the complainant which do not exist or which the respondent claims are exempt from disclosure.

 

Docket #FIC 89-335                           Page 3

 

            2.  Henceforth the respondent shall act in strict compliance with the requirements of 1-15 and 1-19(a) regarding prompt provision of public records.

 

Approved by order of the Freedom of Information Commission at its regular meeting of March 14, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-335                           Page 4

 

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:

 

EXECUTIVE DIRECTOR, STATE OF CONNECTICUT, OFFICE OF PROTECTION AND ADVOCACY FOR HANDICAPPED AND DEVELOPMENTALLY DISABLED PERSONS

c/o Lawrence W. Berliner, Esq.

60B Weston Street

Hartford, CT  06120

 

COMMISSIONER

DEPARTMENT OF MOTOR VEHICLES

60 State Street

Wethersfield, CT  06109

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission