FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Jesus Malave,
Complainant
against Docket
#FIC 95-35
Work Permit Department, State
of Connecticut, Department of Motor Vehicles,
Respondent November 22, 1995
The above-captioned matter was heard as a contested
case on September 18, 1995, at which time the complainant and the respondent
appeared, stipulated to the facts, and presented testimony and exhibits 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. It
is found that by letter to the respondent dated January 16, 1995, the complainant
requested access to the department's work permit applications and supporting
documentation ("applications"), including driver history information,
for 1993 and 1994.
3. Having
failed to receive access to the requested records, by letter of complaint dated
February 11, 1995, and filed on February 14, 1995, the complainant appealed to
this Commission.
4. It
is found that the requested records are public records within the meaning of
1-18a(d), G.S.
5. At
the hearing on this matter the complainant limited his request for access to
those applications dated January 1, 1994 through December 31, 1994.
Docket #FIC 95-35 Page
2
6. It
is found that at the time of the complainant's request the respondent had some
of the applications in its possession, while other files containing such
records had been taken to an off-site storage facility.
7. It
is found that to provide the requested applications, the respondent must use a
special computer program to retrieve the information. The respondent anticipates that the computer program would
generate 1500 to 2000 names for the year of interest to the complainant.
8. At
the hearing, both parties agreed that the names and street addresses--but not
the applicant's city or town--may be redacted from the applications retrieved.
9. It
is found that redaction of the names and the street addresses of the applicants
must be done manually because the records at issue are maintained as part of
each applicant's Connecticut driver history file.
10. The
respondent maintains that 14-10(c), G.S., as amended by P.A. 94-206,
restricts disclosure of driver history information for operators with a
Connecticut driver's license.
11. Section
14-10(c), G.S., as amended by P.A. 94-206, in relevant part states that driver
history information is disclosable to:
... (3) any person or entity who supplies the name
and correct address of the operator about whom he seeks such information or
history.
12. The
complainant concedes that he cannot provide the respondent with the requisite
name and address information for the operators whose driver history information
he is seeking.
13. It
is therefore concluded that 14-10(c), G.S., precludes disclosure of such
information to the complainant at this time.
14. The
respondent concedes, and it is found, that the complainant was not given access
to the remaining application information.
15. It
is therefore concluded that the respondent violated 1-19(a), G.S., by
failing to provide the complainant with access to the requested records.
Docket #FIC 95-35 Page
3
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. Within
five days of the date of mailing the notice of final decision in this case, the
respondent shall provide the complainant with access to the applications,
excluding driver history information.
2. In
complying with paragraph one of this order, the respondent may redact the
driver history, names and street addresses, but not the city or town, of the
work permit applicants.
3. In
complying with paragraphs one and two of this order, the respondent alone shall
bear the costs of retrieval and redaction.
4. Henceforth
the respondent shall strictly comply with the disclosure provisions of
1-19(a), G.S.
Approved by Order of the
Freedom of Information Commission at its special meeting of November 22, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-35 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:
Jesus Malave
58 New Britain Avenue
Newington, CT 06111-4520
Work Permit Department, State
of Connecticut,
Department of Motor Vehicles
60 State Street
Wethersfield, CT 06109-1896
John Yacavone, Esq.
Chief, Legal Services
Division
Department of Motor Vehicles
60 State Street
Wethersfield, CT 06109-1896
Elizabeth A. Leifert
Acting Clerk of the Commission