FREEDOM
OF INFORMATION COMMISSION
OF THE STATE
OF CONNECTICUT
In
The Matter of a Complaint by FINAL
DECISION
Regina
Lane,
Complainant
against Docket
#FIC 1997-131
Supervisor, Family
Counseling
Clinic, Department of
Marriage
and Family Therapy, Southern
Connecticut State
University,
Respondent December
10, 1997
The above-captioned matter was heard as a contested
case on September 15, 1997, 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 public agency within the meaning of §1-18a(a), G. S.
2.
By
letter dated April 7, 1997, the complainant requested that the respondent
provide her with a copy of the following:
a.
the
handbook or brochure describing the program, policy, and procedures of
supervised visitation at SCSU-MFT;
b.
the
administrative description for the personnel who participate in the supervised
visitation sessions;
c.
the
educational requirements of the personnel who participate in the supervised
visitation sessions; and
d.
the
certification of the personnel who participate in the supervised visitation
sessions.
3.
By
letter dated April 21, 1997, and filed on April 23, 1997, the complainant
appealed to this Commission alleging that the respondent failed to respond to
her request for records.
4. Section 1-19(a),
G.S., in relevant part provides:
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 §1-15,
G.S.
5. Section 1-15(a),
G.S., in relevant part provides:
Any person applying in
writing shall receive, promptly upon request, a plain or certified copy of any
public record.
6.
It
is found that the requested records more fully described in paragraph 2, above,
are public records within the meaning of §§1-18(a)(d)
and 1-19(a), G.S.
7.
It
is found that the respondent did not respond to the complainant’s request until
August 19, 1997, at which time she provided the complainant with a copy of the
following records:
a.
the
planned program describing the educational requirements of all graduate
students engaged in supervised visits;
b.
the
program brochure;
c.
the
supervised visitation brochure; and
d.
the
materials describing aspects of the supervised visitation program.
8.
The
complainant contends that her request described in paragraph 2a, above,
included a wide range of various documents not provided by the respondent on
August 19, 1997.
9.
It
is found however that the records provided to the complainant, as described in
paragraph 7, above, constitute all of the records reasonably responsive to the
complainant’s request described in paragraphs 2a, b, and c, above.
10.
With regard to the complainant’s request
described in paragraph 2d, above, the respondent contends that the only
personnel who participate in the supervised visitation program are interns who
do not have certification.
11.
It is
found however that senior staff members and family therapists, who are
certified, participate in the supervised visitation program and that the
respondent did not provide a copy of such certification records to the complainant.
12.
It is therefore concluded that the respondent
violated §1-15(a)
and 1-19(a), G.S., by by failing to promptly provide the complainant with
copies of the requested records described in paragraph 2a-c, above and by
failing to comply with that portion of the complainant’s request described in
paragraph 2d, above.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1.
The
respondent shall forthwith provide the complainant with a copy of the
certification records of the senior staff members and family therapists who
participate in the supervised visitation program.
2.
Henceforth,
the respondent shall strictly comply with the promptness and disclosure
requirements set forth in §§1-15(a)
and 1-19(a), G.S.
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:
Regina Lane
P.O. Box 2472
Milford, CT 06460
Supervisor, Family
Counseling
Clinic, Department of
Marriage
and Family Therapy, Southern
Connecticut State University
c/o Barbara Lynch
501 Crescent Street
New Haven, CT 06515-1355
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-131/FD/tcg/12101997