FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on January 12, 2000, 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 §1-200(1), G.S. [formerly §1-18a(1), G.S.].

 

            2.  It is found that by letter dated July 22, 1999 the complainant requested that the respondent department provide her with the attendance records for three employees: Geneva Shields for 1985, Patricia Galante for 1988 and Sandra Lok for 1988, (hereinafter “requested records”).

 

            3.  It is found that by letter dated July 23, 1999 the respondent department acknowledged receipt of the complainant’s request and informed her that a search for the requested records was underway and that once gathered, “we will release what is not exempt”, and that she would be informed of all copy charges.

 

            4.  It is found that by letter dated August 10, 1999 the complainant renewed her request to the respondent department.

 

            5.  It is found that by letter dated August 16, 1999, the respondent department informed the complainant that the requested records could not be located and that the requested records concerned three individuals who were “employed by the previous Department of Human Resources and were transferred to the Department of Public Health when their agency merged with the Department of Income Maintenance and Department on Aging to create this agency, the Department of Social Services.”  The August 16, 1999 letter further suggested that the complainant “may wish to request the attendance records from the Office of the State Comptroller, Retirement and Benefit Division.”

 

            6.  It is found that the complainant contacted the Office of the State Comptroller which office was unable to provide the attendance records because “the three employees…never worked for the Office of the State Comptroller.”

 

            7.  It is found that the complainant then renewed her request to the respondent department, to which she received a response dated September 9, 1999 indicating “this agency does not have the documents you want.”

  

            8.  Following receipt of a September 27, 1999 letter from the complainant concerning the requested records, the respondent department, by letter dated October 4, 1999, informed the complainant “as stated in two previous letters—September 9 and August 16—this agency does not have the documents you requested” and that the employees concerned “were employed by the Department of Human Resources.”

 

            9.  Having failed to receive the requested records, the complainant, by letter dated and filed on November 1, 1999, appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying her copies of the requested records.

 

10.  It is found that on or about November 9, 1999, the respondent department provided the complainant with certain records which are partially responsive to the complainant’s request.  The records provided were reconstructed by the respondent department, with the assistance of the Department of Administrative Services, because the originals of the requested records cannot be located, even following extensive searches by the respondent and other agencies.

 

11.  It is found that the missing records appear to have been misplaced during the period of a merger of three state agencies.  It is found that such agencies were finally merged and housed at Sigourney Street, the present location of the respondents, during August 1994.

 

            12.  It is unfortunate that the requested records cannot be located and the Commission empathizes with complainant and understands her frustration in having had to make so many requests to obtain the information she seeks.

 

13.  Section 1-19(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….”

 

            14.  It is concluded however, that the respondents do not presently maintain or keep on file the requested records, and have tried in good faith to recreate such records in an attempt to provide the complainant with at least some of the information she seeks.

 

15.  The requests for civil penalties by both the complainant and the respondents are denied.

 

 

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

1.  Henceforth, the respondents shall provide to the complainant any additional records they may be able to recreate, which records are in any way responsive to the complainant’s request, if they have not already done so.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 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:

 

 

Linda Elf

160 Walnut Tree Hill Road

Sandy Hook, CT  06482

 

Freedom of Information Officer, State of Connecticut, Department of Social Services, Public and Government Relations Division; and State of Connecticut, Department

of Social Services, Public and Government Relations Division

c/o Patricia A. Gernier

Assistant Attorney General

55 Elm Street, 4^th floor

Hartford, CT  06106

 

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-510FD/mrb/05/25/00