FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

David Cummings,

 

                                Complainant

 

                against                   Docket #FIC 93-224

 

Second Injury Fund, State of Connecticut, Office of the State Treasurer,

 

                                Respondent                          December 8, 1993

 

                The above-captioned matter was heard as a contested case on November 9, 1993, 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 August 25, 1993, the complainant alleged that the respondent violated the provisions of the FOI Act by failing to respond to his repeated requests for all records and information pertaining to him.

 

                3.  It is found that by letter dated August 2, 1993, the complainant repeated his prior requests for all records and a summary of all payments made to and on behalf of him, including a breakdown of the payments made to the Supported Living Center At Chelsea, Ma. ("SLCC").  He also requested the name of the person responsible for monitoring this claim and the payments made to SLCC in excess of $250,000.  He also requested copies of all medical reports, records, payments, cancelled checks, notes, memos, pictures, and tape recordings regarding himself.

 

                4.  It is found that the respondent failed to respond to the complainant's request of August 2, 1993.

 

                5.  At the hearing into this matter, the complainant stated that he essentially seeks all back-up records that support the funds that were paid to SLCC.

 

                6.  It is found that for a period of time, the respondent fund in fact made payments to SLCC on behalf the complainant.

 

Docket #FIC 93-224                                             Page 2

 

                7.  At the hearing, the respondent's attorney stated that he was unaware of the reasons why the respondent failed to comply with the complainant's request, and he represented on the record that he fully intended to instruct his client to provide all relevant records it has concerning monetary accountings (including any cancelled checks), medical records, and other records requested by the complainant from Donna Nappier in his August 2, 1993 letter of request, with the exception of any notes exempted by the attorney/client privilege.

 

                8.  It is concluded that the respondent's failure to respond to the complainant's August 2, 1993 letter of request constitutes a violation of 1-21i(a).

 

                9.  It is also concluded that the respondent's failure to provide to the complainant those requested records, and copies thereof, that pertain to him constitutes a violation of 1-15(a) and 1-19(a), G.S.

 

                10.  At the hearing the complainant requested the imposition of civil penalties against the respondent on the basis that he has been unable to defend claims that could subject him to monetary liability of over $250,000.

 

                11.  The Commission in its discretion declines to impose civil penalties against the respondent at this time.

 

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

 

                1.  Within thirty days from the date of the final decision in this matter, the respondent shall provide, free of charge, a copy of all records in its possession responsive to the complainant's August 2, 1992 request as identified in paragraph 3 of the findings, above.  Accompanying this submission to the complainant is to be a notarized affidavit signed by the respondent's director that its submission constitutes the complete record of its dealings concerning the complainant or an identification and explanation of what, if any, record is withheld pursuant to 1-19(b)(10), G.S.

 

                2.  The Commission reminds the respondent that failure to comply with paragraph 1 of the order, above, could subject those responsible to the imposition of civil penalties of up to $1,000. per person.

 

Docket #FIC 93-224                                             Page 3

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 8, 1993.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 93-224                                             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:

Mr. David Cummings

100 Boatswains Way #504

Chelsea, MA 02150

 

Second Injury Fund, State of Connecticut,

Office of the State Treasurer

c/o Brewster Blackall, Esq.

Assistant Attorney General

P.O. Box 120

Hartford, CT 06120

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission