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