FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Margaret Harris,
Complainant
against Docket #FIC 91-281
State of Connecticut, Department of Human Resources,
Respondent March 11, 1992
The above-captioned matter was heard as a contested case on February 3, 1992, 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. By letter dated August 30, 1991, the complainant requested that the respondent provide her with the "first ten pages of Gladys Rivera's family day care registration file," (hereinafter "file"). A five dollar chek was enclosed with the request to cover the cost of providing the copies.
3. It is found that by reply letter dated September 6, 1991 and received by the complainant on or about September 8, 1991, the respondent first informed the complainant that it had no file on Ms. Rivera because she is not a family day care home provider. Enclosed with the reply letter was the complainant's check for five dollars.
4. By letter of complaint dated September 9, 1991, and filed with the Commission on September 11, 1991, the complainant alleged that the respondent failed to respond to a document request.
5. At the hearing the respondent made a motion to dismiss the appeal arguing that it had informed the complainant of the nonexistence of the records sought in a timely manner.
Docket #FIC 91-281 Page 2
6. It is found that the complainant does not dispute the respondent's assertion that Ms. Rivera is not a family day care provider and therefore there is no file concerning her.
7. At the hearing the complainant requested that the hearing officer consider evidence and testimony on the truth or falsity of additional information contained in the respondent's September letter.
8. Specifically, the complainant requested the opportunity to give evidence on Gladys Rivera's and Robin Leal's roles, or lack thereof, on the Connecticut Child Care State Plan Executive Committee.
9. At the hearing the hearing officer declined to allow the introduction of any evidence concerning the foregoing.
10. The hearing officer declines to issue any ruling on the truth or falsity of the respondent's representations concerning Robin Leal because that subject matter is outside of the scope of the Commission's jurisdiction.
11. It is found that the Freedom of Information Act (hereinafter "Act"), could not compel disclosure of a nonexistent record.
12. It is found that the respondent replied to the document request in a prompt and reasonable manner.
13. It is concluded that the complainant failed to allege a violation of the Act.
14. The respondent's motion to dismiss is hereby granted.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
2. The Commission reminds the complainant that its jurisdiction and staff are limited, and cautions her that in the future she should utilize its resources in a much more prudent manner.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 11, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-281 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:
Margaret Harris
13 Deer Run Road
Clinton, CT 06413
State of Connecticut, Department of Human Resources
c/o Elizabeth A. Scanlon
Assistant Attorney General
P.O. Box 120
Hartford, CT 06101
Debra L. Rembowski
Acting Clerk of the Commission