FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
David W. Cummings,
Complainant
against Docket #FIC 93-262
Chairman, Workers Compensation Commission,
Respondent March 9, 1994
The above-captioned matter was heard as a contested case on December 17, 1993, at which time the complainant and 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 31, 1993, the complainant requested a copy of an audiotape of a June 25, 1992 hearing (hereinafter "June hearing"), and additionally asked three questions related to the court reporting of the June hearing.
3. By letter of complaint to the Commission dated September 16, 1993, and filed with the Commission on September 20, 1993, the complainant alleged that the respondent failed to comply with his August request for a copy of an audiotape of the respondent's June hearing.
4. Nothing in Connecticut's Freedom of Information Act requires a public agency to answer questions. Therefore, the only issue for consideration in this contested case is the complainant's entitlement to a copy of the audiotape.
5. It is found that the respondent failed to respond to, or comply with that portion of the complainant's request relating to disclosure of the audiotape.
6. The respondent concedes that the audiotape is a public record to which the complainant is entitled to receive a copy.
Docket #FIC 93-262 Page 2
7. The respondent maintains, however, that the audiotape has either been misplaced or lost, because it has not been found in any of the files concerning the complainant's workers compensation claim.
8. Section 1-19(a), G.S., states in pertinent part that:
... all records maintained or kept on file by any public agency, ... shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15..... Each [public] agency shall keep and maintain all public records in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located....
9. The complainant concedes that in July 1992 he was given a copy of a transcription of the audiotape, but he questions the authenticity of the transcription and therefore wants a copy of the audiotape from which the transcript was made.
10. It is found that since June 1992, the files concerning the complainant's workers compensation claims have been transferred from the respondent's first district office located in Hartford, to the office located in New Britain and more recently to the Hamden central office where an appeal to the Compensation Review Board is pending.
11. It is found that the respondent's first district office personnel have been searching for the audiotape in the Hartford office.
12. It is found that the respondent's first district office staff have been advised that the audiotape is neither with nor within any files located in either New Britain or Hamden concerning the complainant's workers compensation claims.
13. The respondent assures the Commission that the complainant will be given a copy of the audiotape as soon as it is located.
Docket #FIC 93-262 Page 3
14. It is found that the respondent has failed to promptly comply with the complainant's request as required by 1-15(a), G.S., and to "keep and maintain" the audiotape as required by 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:
1. Henceforth the respondents shall fully comply with the disclosure provisions of 1-15 and 1-19(a), G.S.
2. The respondent shall draft and distribute a memorandum instructing all personnel in his Hartford, New Britain and Hamden offices that they must conduct a diligent search of the files in each of those offices in an effort to locate the audiotape.
3. The respondent shall provide the complainant with a copy of the memorandum which provides the instruction set forth in paragraph 2 of this order.
4. Within thirty days of the date of mailing the notice of final decision in this case, the complainant shall either be provided with a copy of the audiotape, free of charge, or an affidavit from the respondent that a diligent search has been conducted of all office locations where files concerning the complainant were held, and the audiotape was not found.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 9, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-262 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 #504
Chelsea, MA 02150
Chairman, Workers Compensation Commission
c/o Edward F. Osswalt, Esq.
Assistant Attorney General
P.O. Box 120
Hartford, CT 06101
Elizabeth A. Leifert
Acting Clerk of the Commission