The above-captioned matter was heard as a contested case on November 17, 1998 at which time the complainant and the respondents 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 respondents are public agencies within the meaning of § 1-18a(1), G.S.

        2. It is found that by letter dated July 15, 1998, the complainant requested that the respondent director provide him with the 1995 detailed survey results of the Joint Commission on Accreditation of Healthcare Organization ("JCAHO") concerning all departments and services of the John Dempsey Hospital for 1992-1994.

        3. It is found that by letter dated July 22, 1998, the respondent director acknowledged receipt of the request and informed the complainant that such request would be processed in due course.

        4. It is found that by letter dated July 24, 1998, the complainant modified his request and asked the respondent director to provide him with only the data for the Department of Obstetrics and Gynecology, specifically concerning the labor and delivery unit. The complainant identified the following records:

a. all data, statistics, tables, reports submitted or gathered by you or JCAHO as part of the survey;

b. all data, statistics, tables, reports returned to you by JCAHO as survey results, including any commentary and/or narrative reporting provided in the survey by you, or returned in your survey results by all data, statistics, tables, reports submitted or gathered by JCAHO;

c. all open end comments of your staff gathered or submitted as part of the survey, if any; and

d. the detailed findings, recommendations and conclusions of the survey that John Dempsey management saw.

        5. It is found that by letter dated July 28, 1998, the respondent director acknowledged receipt of the request described in paragraph 4 above, and informed the complainant that such request would be processed in due course.

        6. It is found that by letter dated August 4, 1998 the respondent director then provided the complainant with records without charge, in response to his records requests.

        7. It is found that by letter dated August 25, 1998 the complainant acknowledged receipt of the records described in paragraph 6 above, indicated to the respondents that he was looking for more specific data and not summary data, and renewed his request as described in paragraph 4 above.

        8. It is found that by letter dated August 25, 1998, the respondent director informed the complainant that there was no department specific information contained in the 1995 JCAHO Accreditation Report covering the period 1992-1994.

        9. The complainant then, by letter dated August 27, 1998 and filed with the Commission on August 31, 1998, appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by denying him access to all data gathered by JCAHO survey teams and detailed reports and data returned to John Dempsey Hospital for the labor and delivery area of the department of obstetrics and gynecology.

        10. It is found that the respondents have provided the complainant with all the records they have that are responsive to his requests. No evidence was presented at the hearing to support the complainant’s contention that additional records exist which the respondents have not provided to him.

        11. In light of the foregoing, it is concluded that the respondents did not violate the FOI Act as alleged in the complaint.

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

        1. The complaint is dismissed.

        Approved by Order of the Freedom of Information Commission at its regular meeting of February 10, 1999.

_________________________

Melanie R. Balfour

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:

Arnold S. Goodman
130 Richmond Drive
Manchester, CT 06040
Hospital Director and
Vice President Operations,
State of Connecticut,
University of Connecticut
Health Center, John Dempsey
Hospital; and State of Connecticut,
University of Connecticut Health
Center, John Dempsey Hospital,
Reports and Records Division
c/o Atty. William N. Kleinman
Assistant Attorney General
University of Connecticut Health Center
Farmington, CT 06030-3803

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-261FD/mrb02161999