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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Terri Bailey, |
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Complainant |
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against |
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Docket # FIC 2000-096 |
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Child Advocate,
State of Connecticut, |
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Respondents |
May 24, 2000 |
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The above-captioned matter was scheduled to be heard as a contested case on April 17, 2000. Prior to such date, the respondent moved to dismiss this matter without a hearing pursuant to §1-206(b)(4), G.S. Accordingly, the April 17, 2000 hearing was postponed.
1. Section 1-206(b)(4), G.S., provides that:
“[n]otwithstanding any provision of this subsection to the contrary, in the case of an appeal to the commission of a denial by a public agency, the commission may, upon motion of such agency, confirm the action of the agency and dismiss the appeal without a hearing if it finds, after examining the notice of appeal and construing all allegations most favorably to the appellant, that the agency has not violated the Freedom of Information Act.”
2. The notice of appeal in this matter alleges that the respondent violated the Freedom of Information Act by denying, pursuant to §46a-13n, G.S., the complainant’s request to inspect all records kept on file or maintained by the respondent concerning the respondent’s investigation of the complainant and her pre-adoptive daughter.
3. 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, 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 inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212….”
(Emphasis added).
4. Section 46a-13n(a), G.S., provides in relevant part that:
“…all information obtained or generated by the office [of the Child Advocate] in the course of an investigation and all confidential records obtained by the Child Advocate or his designee shall be confidential and shall not be subject to disclosure under the Freedom of Information Act or otherwise, except that such information and records…may be disclosed if the Child Advocate determines that disclosure is (1) in the general public interest or (2) necessary to enable the Child Advocate to perform his responsibilities…provided in no event shall the name, address or other personally identifiable information of a person be disclosed without the consent of such person….”
(Emphasis added).
After consideration of the notice of appeal and construing all allegations most favorably to the complainant, it is concluded that §46a-13n(a), G.S., exempts from disclosure the records requested by the complainant, by operation of §1-210(a), G.S. Consequently, the following order by the Commission is hereby recommended:
1. The action of the respondent in this matter is confirmed and the complaint is hereby dismissed without a hearing pursuant to §1-206(b)(4), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 2000.
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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:
Terri Bailey
288-13 Meridian Street
Groton, CT 06340
Child Advocate, State of Connecticut, Office of the Child Advocate
c/o Susan Quinn Cobb
Assistant Attorney General
55 Elm Street, PO Box 120
Hartford, CT 06141-0120
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Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-096FD/mrb/05/25/00