FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Elinor Halpern,
Complainant
against Docket #FIC 92-208
Rosa M. Figuero, State of Connecticut, Department of Children and Youth Services,
Respondent March 24, 1993
The above-captioned matter was heard as a contested case on December 16, 1992, at which time the complainant and the respondent appeared 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 filed with this Commission on June 17, 1992, the complainant alleged that the respondent violated the FOI Act by failing to provide her with copies of certain written policies of the respondent. The complainant also requested the imposition of civil penalties against the respondent.
3. By letter dated May 19, 1992, the complainant requested that the respondent supply to her a copy of the following written policies of the respondent: a) the participation of parents in the development of a treatment plan; b) the provision of a copy of the treatment plan to parents; and c) whether parents should be expected to attend a meeting held on their religious holiday.
4. It is found that no written policy exists concerning the complainant's request identified in paragraph 3c), above.
5. It is found that the respondent failed to notify the complainant that either it would deny her request or that copies would be forthcoming.
6. It is found that finally on June 19, 1992, the respondents mailed to the complainant copies of written materials responsive to her request identified in paragraphs
Docket #FIC 92-208 Page 2
3a) and b), above.
7. It is found that the documents identified in paragraphs 3a) and b), above, constitute public records within the meaning of 1-18a(d), G.S.
8. It is concluded that the respondent's response to the complainant's request was not prompt within the meaning of 1-15, G.S., and accordingly constituted a technical violation of that section.
9. In its discretion, the Commission declines to impose civil penalties under the facts of this case.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall henceforth strictly comply with the provisions of 1-15, G.S.
2. This Commission reminds the respondent that Commission staff is available by telephone during business hours to answer questions concerning compliance with the provisions of the FOI Act.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 24, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-208 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:
Elinor Halpern
77 Griswold Drive
West Hartford, CT 06119
Rosa M. Figuera, State of Connecticut,
Department of Children and Youth Services
c/o Asst. Atty. Gen. Nina F. Elgo
110 Sherman Street
Hartford, CT 06105
Debra L. Rembowski
Acting Clerk of the Commission