FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Michael J. Hellandbrand,

Complainant

against Docket #FIC 1997-118

Director, Community Services Division,

State of Connecticut, Department of

Mental Health & Addiction Services,

Respondent December 10, 1997

The above-captioned matter was heard as a contested case on September 4, 1997, at which time the complainant appeared but the respondent failed to appear. Accordingly, only the complainant presented testimony, exhibits and argument on the complaint.

After consideration of the 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 several letters including one dated March 18, 1997, the complainant requested various records from the respondent, including specifically a description and complete details of three separate programs (the Governor’s Partnership to Protect Connecticut’s Workforce “Drugs Don’t Work” Programs, the Local Prevention Council Programs, and the Research and Demonstration Programs), together with statements as to whether the complainant had ever been in each program (the specifically described records being together the “requested records”).

3. By letter dated March 27, 1997, and filed on April 3, 1997, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information Act by failing to provide him with the requested records.

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

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 receive a copy of such records in accordance with the provisions of section 1-15.

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

(a)ny person applying in writing shall receive, promptly,

upon request, a plain or certified copy of any public record.

6. It is found that the respondent did provide the complainant with a letter dated December 10, 1996, stating that “a search of the databases of mental health and substance abuse programs…has not revealed any record of [the complainant] having received services from Department supported programs.”

7. However, the complainant contends, and in the absence of any defense asserted or proven by the respondent, it is found that the databases described at paragraph 6, above, did not include the Governor’s Partnership to Protect Connecticut’s Workforce “Drugs Don’t Work” Programs.

8. It is therefore found that the respondent’s December 10, 1996 letter to the complainant, described at paragraph 6, above, did not provide records as to whether the complainant had ever been in the Governor’s Partnership to Protect Connecticut’s Workforce “Drugs Don’t Work” Programs.

9. The complainant contends, and in the absence of any defense asserted or proven by the respondent, it is also found that the respondent did not provide any records containing the requested descriptions and details of the three programs listed at paragraph 2, above.

10. It is therefore concluded that the respondent violated §§1-19(a) and 15(a), G.S., by failing to make the records described at paragraphs 8 and 9, above, available.

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

1. The respondent shall provide a copy of the records described in paragraphs 8 and 9, above, to the complainant forthwith.

Approved by Order of the Freedom of Information Commission at its regular meeting of December 10, 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:

Michael J. Hellandbrand

497 Spring Street

Manchester, CT 06040

Director, Community Services Division,

State of Connecticut, Department of

Mental Health & Addiction Services

c/o Rhonda Kincaid

Behavioral Health Team Leader

410 Capital Avenue

P.O. Box 341431

Hartford, CT 06134

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

FIC1997-118/FD/tcg/12101997