FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Glenn N. Tewksbury,

 

            Complainant

 

            against                                                                          Docket #FIC 1996-128

 

State of Connecticut,

State Librarian,

 

            Respondent                                                                  December 18, 1996

 

 

            The above-captioned matter was heard as a contested case on September 24, 1996, at which time the complainant 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 dated April 9, 1996, the complainant requested that the respondent provide him with access to micro-fiche at the state library to search for his copy of his DD-214 discharge paper from the United States Navy.

 

            3.  Having failed to receive a response to his April 9, 1996 request, by letter dated and filed with the Commission on April 17, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by failing to provide to him access to the requested records.

 

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

 

5.  Section 1-19(a), G.S., in relevant part states: [e]xcept as otherwise provided by federal law or state statute, all records maintained or kept on file by any public agency … shall be public records and every person shall have the right to inspect such records promptly … or to receive a copy of such records in accordance with the provisions of section 1-15.”

 

Docket #FIC 1996-128                                                                                               Page 2

 

 

            6.  It is found that the complainant’s April 9, 1996 letter of request was forwarded from the respondent’s office to the library unit of history and genealogy as a routine matter. 

 

            7.  It is also found that by letter dated May 9, 1996, the library unit of history and genealogy informed the complainant that he could not view the requested records at the state library but that he could get the requested records through any veterans administration office.

 

            8.  It is found that the respondent was not personally aware of the complainant’s April 9, 1996 request until late June, 1996 when he received notice that this matter was scheduled for hearing before this Commission.

 

            9.  It is also found that beginning in late June, 1996, the respondent asked the library staff what had happened to the complainant’s April 9, 1996 letter and inquired of the staff what the response to the complainant’s request had been.

 

            10.  It is found that finally on August 1, 1996, the respondent mailed to the complainant photocopies of his DD-214 discharge paper.

 

            11.  The respondent claims that the micro-fiche is fragile and easily broken and that it has great potential value as a record for archival purposes, which factors necessitate that only library staff handle these records.  He also claims that although there was delay in the complainant’s receipt of the requested record, the delay was in part due to the library’s limited staff resources.

 

            12.  It is found that although the records at issue are fragile and the complainant ultimately received a copy of the requested record, the respondent did not provide prompt access to the requested record within the meaning of §1-19(a), G.S.

 

            13.  It is therefore concluded that the respondent violated the promptness provisions of §1-19(a), G.S., under the facts of this case.


Docket #FIC 1996-128                                                                                               Page 3

 

 

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

 

1.  Henceforth, the respondent shall strictly comply with the promptness provisions of §1-19(a), G.S.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 18, 1996.

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

Acting Clerk of the Commission


Docket # FIC 1996-128                                                                                              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:

 

Glenn N. Tewksbury

94 Harvest Woods Road

Middlefield, CT 06455

 

State of Connecticut, State Librarian

c/o Ralph E. Urban, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

 

 

 

 

                                                                                    __________________________

                                                                                    Elizabeth A. Leifert

                                                                                    Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIC1996-128/FD/eal/122096