FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                        Final Decision

 

Ronnie Hammer,

 

                                Complainant

 

                against                   Docket #FIC 94-362

 

Personnel Director, State of Connecticut, Workers' Compensation Commission,

 

                                Respondent                          August 23, 1995

 

                The above-captioned matter was heard as a contested case on July 18, 1995, 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 of complaint filed with this Commission on October 14, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying her request for certain records.  The complainant also requested the imposition of civil penalties against the respondent.

 

                3.  It is found that on October 6, 1994, the complainant made a written request to the respondent for a letter from John Fussell and a statement letter from Joanne Lenda.

 

                4.  It is found that the respondent did not have a letter from John Fussell.

 

                5.  It is also found that by letter dated October 11, 1994, the respondent informed the complainant that it never received a letter from John Fussell, and that in order to get a copy of Joanne Lenda's written statement, the complainant must "request same through the FOI Commission..."

 

                6.  The statement letter from Joanne Lenda ("the letter") is a public record within the meaning of 1-18a(d) G.S.

 

                7.  The respondent claims that because the complainant received the letter prior to the complainant's June 28, 1995

 

Docket #FIC 94-362                                             Page 2

 

union hearing, she received the letter in a timely fashion.

 

                8.  It is found, however, that the complainant did not receive the letter until several months after her request.

 

                9.  It is also found that the respondent's October 11, 1994 response to the complainant that she must request the letter through the FOI Commission is highly inappropriate under the facts of this case and appears to this Commission to constitute a delay tactic given that no claim or grounds for non-disclosure were provided either to the complainant at the time of her request or to this Commission at the time of the hearing into this matter.

 

                10.  This Commission takes administrative notice of the final decision in contested case docket #FIC 92-234, in which the respondent was found to be in violation of the provisions of the FOI Act on the basis that it failed to prove any business or other circumstances precluding the provision of a public record promptly.

 

                12.  It is concluded that the respondent violated the provisions of 1-15(a), G.S., by failing to promptly provide to the complainant a copy of the letter upon request.

 

                13.  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.  The respondent shall henceforth strictly comply with the promptness provisions of the FOI Act contained in 1-15(a) and 1-19(a), G.S.

 

                2.  The Commission notes that continued violations of the provisions of the FOI Act puts the respondent at risk of the imposition of maximum civil penalties in the amount of $1,000.00.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 23, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-362                                             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:

Ms. Ronnie Hammer

209 Gilman Street

Bridgeport, CT 06605

 

Personnel Director, State of Connecticut,

Workers' Compensation Commission

c/o Michael J. Giammatteo, Esq.

Assistant Attorney General

55 Elm Street

P.O. Box 120

Hartford, CT 06141-0120

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission