FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Kathleen E. Stoneburner,

 

                        Complainant

 

            against              Docket #FIC 91-7

 

State of Connecticut, Department on Aging,

 

                        Respondent                  July 10, 1991

 

            The above-captioned matter was heard as a contested case on April 16, 1991, 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.  On January 9, 1991, the complainant made an oral request by telephone to the regional ombudsman for the respondent to provide access to the name of an individual who filed a complaint against the complainant and other employees of Buckley Convalescent Home with the respondent.

 

            3.  The regional ombudsman for the respondent orally refused by telephone to provide access to the requested information on January 9, 1991.

 

            4.  By letter of complaint dated January 10, 1991 and  filed January 11, 1991, the complainant appealed the respondent's refusal of access to the requested information.

 

            5.  Subsequently, on January 31, 1991, the complainant wrote a letter to the respondent in which she again requested  access to the information described in paragraph 2 of the findings, above.

 

Docket #FIC 91-7                               Page 2

 

            6.  In a letter to the complainant dated February 13, 1991 the regional ombudsman for the respondent acknowledged receipt of the complainant's January 31, 1991 request and stated that she could not release the requested information because it was exempt from disclosure pursuant to 17-135h(d), G.S., which has been recodified as 17a-412(d), G.S.

 

            7.  Section 17a-412(c), G.S., provides that any person having reasonable cause to suspect or believe that a patient in a nursing home facility has been abused shall report such information to the respondent's nursing home ombudsman office.

 

            8.  Section 17a-413, G.S., provides that upon receipt of a report or complaint of abuse as provided in 17a-412, G.S., the regional ombudsman shall, if reasonable grounds exist, investigate such alleged abuse and make a report of his findings to the state ombudsman.

 

            9.  Section 17a-412(d), G.S., provides that a report or complaint of abuse shall not be deemed a public record, and shall not be subject to the provisions of 1-19, G.S.

 

            10.  It is found that a complaint was filed with the respondent which primarily alleged patient abuse at the Buckley Convalescent Home, but also contained some allegations concerning Buckley Convalescent Home employees, including the complainant.

 

            11.  It is also found that pursuant to 17a-413, G.S., the regional ombudsman reported to the state ombudsman after investigating the complaint at the Buckley Convalescent Home, and concluding that the allegations in the complaint were not  substantiated.

 

            12.  It is also found that the information sought by the complainant is information contained in a report or complaint of alleged abuse at a nursing home facility within the meaning of 17a-412(d), G.S.

 

            13.  It is concluded therefore that the information sought by the complainant is exempt from disclosure pursuant to 17a-412(d) and 1-19(a), G.S., and that the respondent did not deny the complainant access to inspect or copy a public record within the meaning of 1-15 or 1-19(a), G.S.

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

Docket #FIC 91-7                               Page 3

 

            1.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1991.

 

                                                                  

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-7                               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:

Kathleen E. Stoneburner

Buckley Convalescent Home

210 George Street

Hartford, CT 06114

 

State of Connecticut Department on Aging

c/o Susan Brooks Flanders

Assistant Attorney General

P.O. Box 120

Hartford, CT 06101

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission