FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Norman Friday,

 

                                Complainant

 

                against                   Docket #FIC 95-379

 

Director of Human Resources, State of Connecticut, Department

of Mental Health and Addiction Services,

 

                                Respondent                          May 22, 1996

 

                The above-captioned matter was heard as a contested case on March 26, 1996, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.  The respondent failed to appear.

 

                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 dated September 27, 1995, the complainant, through counsel, requested that the respondent provide him with access to a copy of the following records (hereinafter "requested records"):

 

                                i.              all academic education contracts for educational services for clients, including the EASTCONN contracts with the respondent from January 1, 1992 to the present;

 

                                ii.             a list of all teachers supplied by EASTCONN to the respondent, with date of hire, whether full or part-time and salary;

 

                                iii.            the three proposals for types of delivery methods submitted by Kitty McCue;

 

Docket #FIC 95-379                                             Page 2

 

                                iv.            all lists from the respondent showing educational teaching staff (including instructors and para professionals) full and part-time, seniority lists, salaries, type of position (broken out by ten, eleven and twelve month employees), certification required for position, and layoff status from January 1, 1994 to the present;

 

                                v.             all documents relied upon by the respondent, reviewing personnel or others to determine which of the respondent's teachers should be laid off and/or bumped; and

 

                                vi.            all documents relied upon concerning any adverse employment decision with respect to the complainant from January 1, 1995 to the present including any decision to lay him off.

 

                3.  Having failed to receive a response to his September 27, 1995 request, as described in paragraph 2, above, the complainant, through counsel, by letter of complaint dated October 17, 1995 and filed with the Commission on October 23, 1995, appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him access to the requested records.

 

                4.  It is found that the respondent failed to respond to the complainant's September 27, 1995 request for records.

 

                5.  It is found that the respondent maintains records responsive to the September 27, 1995 request, as described in paragraph 2, above.

 

                6.  It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                7.  It is found that the respondent has failed to prove that any of the requested records are exempt from disclosure.

 

                8.  It is therefore concluded that the respondent violated the 1-15 and 1-19(a), G.S., when it failed to provide the complainant with access to copies of the requested records.

 

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

 

                1.  The respondent shall immediately provide the

 

Docket #FIC 95-379                                                Page 3

 

complainant with access to all records responsive to his request, and as more fully described in paragraph 2, of the findings, above.

 

                2.  Henceforth, the respondent shall strictly comply with the requirements of 1-15 and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 22, 1996.

 

                                                                                             

                                                                Elizabeth A. Leifert

                                                                Acting Clerk of the Commission

 

Docket #FIC 95-379                                             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:

Norman Friday

c/o Ralph E. Wilson, Esq.

137 South Main Street

Middletown, CT 06457

 

Director of Human Resources, State of Connecticut, Department of Mental Health and Addiction Services

c/o Heather J. Wilson, Esq.

Assistant Attorney General

P.O. Box 120

Hartford, CT 06141-0120

 

                                                                                             

                                                                Elizabeth A. Leifert

                                                                Acting Clerk of the Commission