FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Jon T. Pepe and Connecticut State Prison |
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Complainant |
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against |
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Docket
#FIC 2000-040 |
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Administrator, State of
Connecticut, Department |
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Respondents |
May 10, 2000 |
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The above-captioned matter was heard as a contested case on March 7, 2000, at which time the complainants 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 §1-200(1), G.S.
2. It is found that on November
12, 1999 and again on January 10, 2000, the complainants requested that the
respondents provide them with a copy of certain “facility rosters”
(hereinafter “requested rosters”).
3. It is found that by letter dated November 12, 1999, the respondent administrator acknowledged the complainants’ November 12, 1999 request. Thereafter, on January 12, 2000, the respondent administrator offered to provide the complainants with access to inspect the requested rosters, however he declined to provide them with a copy of such rosters.
4. Having failed to receive a copy of the requested rosters, the complainants, by letter dated January 24, 2000 and filed on January 26, 2000, appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying them a copy of the requested rosters.
5. It is found that the requested rosters are public records within the meaning of §1-200(5), G.S.
6. Section 1-210(a), G.S., provides in relevant part that “[e]xcept 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 inspect such records promptly during regular office or business hours or to receive a copy of such records….”
7. The respondents contend that the requested rosters are exempt from disclosure pursuant to §1-210(b)(18)(G), G.S., as amended by P.A. 99-156, which provides that the Commissioner of Correction need not disclose:
(18) Records, the disclosure of which the Commissioner of Correction has reasonable grounds to believe may result in a safety risk, including the risk of harm to any person or the risk of an escape from, or a disorder in, a correctional institution or facility under the supervision of the Department of Correction. Such records shall include, but are not limited to: . . (G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities. . . .
8. At the hearing on this matter, a sample roster was submitted for in camera inspection and it is found, based upon the sample roster, that the requested roster is a record that contains information on the movement or assignment of staff at correctional institutions and facilities which, if publicly disclosed, could reasonably result in a safety risk within the meaning of §1-210 (b)(18)(G), G.S., as amended by P.A. 99-156.
9. It is therefore concluded that
the requested rosters are exempt from mandatory disclosure pursuant to §1-210
(b)(18)(G), G.S., as amended by P.A. 99-156, and further 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 complainant is hereby dismissed.
2. The Commission notes that the complainants and the respondents agree that the complainants are not without recourse in obtaining a copy of the rosters at issue in this case, in that pursuant to a collective bargaining agreement, and in their official capacity as representatives of AFSCME Local 391, the complainants are entitled to obtain a copy of the rosters.
Approved by Order of the Freedom of Information Commission at its regular meeting of
May 10, 2000.
_________________________
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:
Jon T. Pepe and Connecticut State Prison
Employees, AFSCME Local 391
15
South Road
P.O.
Box 412
Somersville,
CT 06072
Administrator, State of Connecticut, Department
of Correction, Standards and Policy Section; and
State of Connecticut, Department of Correction
c/o
Lynn D. Wittenbrink, Esq.
Assistant
Attorney General
110
Sherman Street
Hartford,
CT 06105
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-040FD/mes/05/11/00