FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Gregory P. Haskins and Meriweather,

Inc.,

 

                        Complainants

 

            against                                                                          Docket #FIC 1996-055

 

Meriden-Middlesex Regional Workforce

Development Board, Inc.,

 

                        Respondent,                                                     August 28, 1996

 

            The above-captioned matter was heard as a contested case on June 18, 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 letter of complaint dated February 9, 1996 and filed with the Commission on February 14, 1996, the complainants appealed to the Commission alleging that the respondent violated the Freedom of Information Act by denying them access to records.

 

            3.         It is found that by letter dated January 26, 1996 the complainants requested that the respondent’s executive director provide them with access to “all material and files” pertaining to complaints filed against the complainants by participants in a training program, funded by the respondent, and run by the complainants (hereinafter “requested records”).

 

            4.         It is found that by letter dated January 31, 1996, the respondent provided the complainants with a summary of the complaints, as described in paragraph 3, above, but denied them access to the original records, claiming that disclosure could jeopardize the objectivity of its investigation into the complaints.

 

            5.         It is found that by letter dated February 2, 1996 the complainants again requested from the respondent the records, as described in paragraph 3, above.

Docket #FIC 1996-055                                                                                               Page 2

 

 

            6.         It is found that by letter dated February 5, 1996, the respondent again denied access to the records it withheld, and as described in paragraph 4, above.

 

7.         Having failed to receive access to the requested records, the complainants filed this appeal.

 

8.         It is found that the records withheld by the respondent from disclosure consist of the respondent’s internal staff notes, memoranda describing the complaints and a handwritten letter containing a complaint description.

 

9.         It is found that the records as described in paragraph 8 above, are public records within the meaning of §§1-18a(d) and 1-19(a) G.S.

 

10.       Section 1-19(a), G.S., provides in relevant part that:

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15.  [Emphases added.]

 

11.       It is found that besides the respondent’s general claim that confidentiality during its investigation of the complaints was warranted, it has failed to prove that any federal law or state statute exempted the requested records from disclosure, pursuant to the requirement of §1-19(a), G.S.

 

12.       It is therefore concluded that the respondent failed to promptly provide the complainants with access to a copy of the requested records, and therefore violated §§1-15(a) and 1-19(a), G.S.

 

              13.       It is found that at the hearing into this matter, the respondent provided the complainant with a copy of additional records responsive to the complainant’s records request.

 

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

 

Docket #FIC 1996-055                                                                                               Page 3

 

 

1.         The respondent shall immediately upon the receipt of the final decision in this matter search its records thoroughly and provide the complainant with any remaining records not yet provided to the complainant, if such records exist.

 

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

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 28, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1996-055                                                                                              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:

 

Gregory P. Haskins and MeriWeather, Inc.

178 State Street

Meriden, CT 06450-3242

 

 

Meriden-Middlesex Regional Workforce Development Board, Inc.

62 Washington Street

Middletown, CT 06457

 

 

 

 

 

 

 

 

 

 

_________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission