FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

William J. Murray and Underwriters Support Group, Inc.,

 

                                Complainants

 

                against                   Docket #FIC 95-217

 

Agency Data Processing Manager,State of Connecticut,

Department of Insurance,

 

                                Respondent                          April 24, 1996

 

                The above-captioned matter was heard as a contested case on January 4, 1996, at which time the complainants and the 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 letters dated May 25, 1995 and June 26, 1995, as clarified by telephone conversations between the parties, the complainants requested that the respondent provide them with:

 

                                a) the department's "agent data base" on diskettes in "ascii," supplemented by the companies each agent on the data base represents, excluding the data fields for social security numbers and pending investigation information.

 

                                b) any data layout information, definitions, field definitions for symbols or codes used, and any corresponding reference information.

 

                3.  Having failed to receive the requested information, by letter dated June 26, 1995 and filed June 28, 1995, the complainants appealed to the Commission and alleged that the respondent violated the Freedom of Information ("FOI") Act by failing to comply with their request.

 

                4.  It is found that the files and records containing the requested information are public records within the meaning of 1-18a(d) and 1-19(a), G.S.; and that the information requested in paragraph 2a), above, is contained in computer-stored records within the meaning of 1-19a, G.S.

 

#FIC 95-217                                           Page 2

 

                5.  It is found that in order to comply with the complainants' request, the respondent needed to do more than simply retrieve or print out an existing computer-stored record.

 

                6.  It is found that it took the respondent a total of 40 hours during the month of August 1995 to comply with the complainants' request, as clarified.

 

                7.  It is found that the respondent copied the requested files onto 37 diskettes and copied 20 pages of records containing data descriptions, but is holding them pending prepayment by the complainants.

 

                8.  Section 1-15(b), G.S., provides:

 

                "The fee for any [computer-stored record] shall not exceed the cost thereof to the public agency.  In determining such costs for a copy, other than a printout which exists at the time that the agency responds to the request for such copy, an agency may include only:  (1) An amount equal to the hourly salary attributed to all agency employees engaged in providing the requested computer-stored public record, including their time performing the formatting or programming functions necessary to provide the copy as requested, but not including search or retrieval costs ... (3) the actual cost of the storage devices or media provided to the person making the request in complying with such request. ..."

 

                9.  It is found that by letter dated September 5, 1995, as clarified at the hearing on this matter, the respondent, through counsel, requested payment at the rate of $.75 per diskette ($27.75), $.25 per page ($5.00), and $28.94 per hour for the respondent's time ($1,157.60), for a total cost of $1,190.35.

 

                10.  The complainants maintain that the respondent violated the FOI Act by not utilizing the most cost effective means to comply with their request, as required by 1-19a(c), G.S.; specifically, that $.75 per diskette is excessive because the complainants can obtain 50 diskettes for $20.00.

 

                11.  Section 1-19a(c), G.S., applies only to the acquisition of a computer system, equipment or software, which is not at issue in this case.

 

                12.  It is concluded that under 1-15(b), G.S., the respondent may charge the complainants her actual cost to provide the requested records, as set forth in paragraph 9, above.

 

#FIC 95-217                                           Page 3

 

                13.  It is further concluded that under 1-15(c), G.S., the respondent may require prepayment from the complainants before providing them with the requested records.

 

                14.  It is finally concluded, under the facts and circumstances of this case, that the respondent did not violate the FOI Act.

 

                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 suggests that when responding to future requests, the respondent may wish to provide complainants with the estimated cost of compliance before undertaking such a substantial amount of work.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 24, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-217                                             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:

William J. Murray

Underwriters Support Group, Inc.

P.O. Box 777

Unionville, CT 06085-0777

 

Agency Data Processing Manager, State of Connecticut, Department of Insurance

c/o William J. Prensky, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission