FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by	FINAL DECISION
Daniel A. D’Amico,
Complainant
against	Docket #FIC 1997-150
State of Connecticut, Office of the Attorney General; and Alexis, Inc.,
Respondents	December 3, 1997

The above-captioned matter was heard as a contested case on September 29, 1997, at which time the complainant and the respondents appeared, 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. By letter dated May 2, 1997 and filed on May 7, 1997, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with records described as follows:

a. all information compiled by a hired investigator

subsequent to a 1994 workers compensation

investigation;

b. a complete copy of the record maintained by the

respondents regarding the complainant;

c. and a letter indicating why certain medical payments were denied.

2. The respondent Office of the Attorney General is a public agency within the meaning of §1-18a(a), G. S.

3. It is found however that the respondent Alexis, Inc., is a private insurance company and not a public agency within the meaning of §1-18a(a),G.S., and that the commission therefore does not have jurisidication over the respondent Alexis, Inc.

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

Except as otherwise provided by any 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 . . . receive

a copy of such records in accordance with the provisions of section

1-15.

5. Section 1-15(a), G.S., in relevant part provides that:

Any person applying in writing shall receive,

promptly upon request, a plain or certified

copy of any public record.

6. It is found that to the extent the respondent Office of the Attorney General maintains records that are responsive to the complainant’s request, described in paragraph 1, above, such records are public records within the meaning of §1-18a(d), G.S.

7. It is found that no records exist responsive to the complainant’s request described in paragraph 1a, above.

8. It is found that by letter dated April 11, 1997, the respondent Office of the Attorney General offered to provide the records described in paragraph 1b, above, to the complainant at an estimated cost of $125.00 for approximately five hundred copies, to be paid to the respondent Office of the Attorney General before it made any pages.

9. Section 1-15(a), G.S., in relevant part further provides that “ . . . the fee for any copy provided in accordance with the . . . [FOI Act] by a state agency shall not exceed twenty-five cents per page . . .”

10. Section 1-15(c), in relevant part provides that “ . . . a public agency may require prepayment of any fee . . . if such fee is estimated to be ten dollars or more.”

11. It is found that the respondent Office of the Attorney General did not violate the FOI Act by requiring prepayment for copies of the requested records, as described in paragraph 8, above.

12. It is found that the complainant’s request described in paragraph 1c, above, is a request to create a record rather than a request for a record maintained by the respondent Office of the Attorney General.

13. Nothing in the FOI Act requires a public agency to create records and it is therefore concluded that the respondent Office of the Attorney General did not violate the FOI Act by failing to create a record in response to the complainant’s request described in paragraph 1c, above.

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 notes that at the hearing the parties agreed to contact each other to set a specific date, time and place for the complainant to review the records and determine which of those records he would require copies of and the Commission encourages the parties to do so.

Approved by Order of the Freedom of Information Commission at its special meeting of December 3, 1997.

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

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:

Daniel A. D’Amico

122 Chapman Street

New Britain, CT 06051-2810

State of Connecticut, Office of

the Attorney General; and Alexis,

Inc.

c/o Lisa Guttenberg-Weiss

Assistant Attorney General

55 Elm Street

P.O. Box 120

Hartford, CT 06141-0120

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-150/FD/tcg/12031997