FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Serecia Stewart,

 

                                Complainant

 

                against                   Docket #FIC 95-54

 

Warden, Hartell DWI, State of Connecticut, Departmentof Correction,

 

                                Respondent                          September 13, 1995

 

                The above-captioned matter was heard as a contested case on April 25, 1995, at which time the complainant and the respondent appeared, stipulated to certain facts, and presented testimony, exhibits and argument on the complaint.

                At the direction of the hearing officer in this matter the hearing was continued to June 20, 1995 and subpoenas issued to Bruce Bussiere and Elsie Moore, two employees of the respondent.  Bussiere, Moore and the complainant appeared on June 20, 1995 and presented testimony 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 (undated) filed with the Commission on March 3, 1995, the complainant appealed to the Commission alleging that the respondent violated the Commission's order in Docket #FIC 94-109, Serecia Stewart v. Warden, Hartell DWI, State of Connecticut, Department of Correction ("Docket #FIC 94-109"), to provide the complainant with a copy of a memorandum concerning herself which she had requested from the respondent on February 27, 1994 ("February memo").

 

                3.  The Commission takes administrative notice of the record and decision in Docket #FIC 94-109.

 

                4.  It is found that on January 12, 1995 the respondent provided the complainant with a copy of a memorandum dated March 9, 1994 ("March memo"), which the complainant acknowledged receipt of and which the respondent contends complies with the Commission's order in Docket #FIC 94-109.

 

Docket #FIC 95-54                                               Page 2

 

                5.  The complainant, however, contends that the contents of the March memo is different from the February memo requested, and that the February memo exists, or existed at the time of her request because she saw it.

 

                6.  The respondent contends that it has searched its existing records and cannot locate any memo other than the March memo.

 

                7.  It is found that Bussiere created and sent the February memo to Moore on February 26, 1994.

 

                8.  At the hearing into this matter Bussiere testified that the February and March memos are the same, however the difference in the date is attributed to the fact that the computer in his office is programmed to print the date a memo is printed and not the original date created.  He testified further, that the electronic version of the memo he created no longer exists as he deleted it from his computer file and it was not saved on a disc.

 

                9.  It is found that Moore received and read the February memo, described in paragraph 7, above, and further that Moore's testimony corroborates the complainant's as to the difference in the content of the February and March memos.

 

                10.  It is found that the contents of the February and March memos are different.

 

                11.  It is found however, that the March memo provided to the complainant was the only one existing in the respondent's files at the time the Commission issued its order in Docket #FIC 94-109.

 

                12.  It is concluded that the respondent by providing the complainant with the only existing memo at the time of the Commission's order did not violate the Commission's order in Docket #FIC 94-109.

 

                13.  However, the Commission is troubled by Bussiere's deletion and destruction of the electronic version of the memo created on February 26, 1994, and therefore, the failure of the respondent to maintain that public record once created in accordance with sound record management practices.

 

Docket #FIC 95-54                                               Page 3

 

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

 

                1.  The complaint is hereby dismissed.

 

                2.  The Commission strongly recommends that the respondent

contact the State Public Records Administrator to apprise himself and his employees as to proper record management practices and to ensure compliance with the state's public record retention and destruction statutes.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-54                                               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:

Ms. Serecia Stewart

17 Brookdale Avenue

Bloomfield, CT 06002

 

Mr. Edson T. Bourn

Warden, Hartell DWI

580 North Street

Windsor Locks, CT 06096

 

Captain Bruce E. Bussiere

Cybulski Correctional Institution

Bilton Road

Somers, CT 06071

 

Lt. Elsie Moore

Hartell DWI Unit

580 North Street

Windsor Locks, CT 06096

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission