FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Harry Brownfield and Paul Irwin & Associates,
Complainants
against Docket #FIC 92-35
Manager, Accounting Services, State of Connecticut, Department of Administrative Services Telecommunications Unit,
Respondent September 23, 1992
The above-captioned matter was heard as a contested case on July 30, 1992, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. Originally, the caption for the case was Debra Lefkowitz v. Manager, Accounting Services, State of Connecticut, Department of Administrative Services Telecommunications Unit. The case caption has been amended to correctly identify the complainants in this matter.
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 request via facsimile transmission and first class mail dated January 10, 1992, the complainants sought copies of all records relating to eight unnegotiated checks, including invoice information.
3. By letter of complaint filed with the Commission on January 27, 1991, the complainants alleged that the respondent failed to respond to, or comply with their records request.
4. The requested records are public records within the meaning of 1-15(a) and 1-18a(d), G.S.
5. The respondent concedes that the requested information should exist in its files.
6. It is found that the respondent has searched his files in an attempt to locate invoice and other documentation that would verify the reasons for the issuance of the checks at issue.
Docket #FIC 92-35 Page 2
7. It is found that as of the date of the hearing, the respondent has found no documentation relating to the eight unnegotiated checks.
8. It is found that the respondent is willing to provide the complainants with whatever documentation he can locate that is responsive to the request.
9. It is found that the respondent should have contacted the complainants and apprised them of his attempts to comply with their request.
10. It is concluded that the respondent's failure to respond to, or comply with the complainants' records request is a violation of the open records provisions of Connecticut's Freedom of Information Act.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth the respondent shall strictly comply with the open record provisions set forth in 1-15 and 1-19(a), G.S.
2. Within thirty days of the date of the final decision in this matter, the respondent shall either provide the complainants with the records requested, or a sworn affidavit that after a thorough search of the its files no such records exist.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 23, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-35 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:
Harry Brownfield and Paul Irwin & Associates
c/o Attorney Harry J. Brownfield
Paul Irwin and Associates
5 Cabot Place, Suite 200
Stoughton, MA 02072
Manager, Accounting Services, State of Connecticut Department of Administrative Services, Telecommunications Unit
c/o Dennis Main
Telecommunications Unit
Department of Administrative Services
340 Capitol Avenue
Hartford, CT 06106
Debra L. Rembowski
Acting Clerk of the Commission