FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by
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FINAL DECISION
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Terry Walley, |
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Complainants
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against
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Docket
#FIC 2001-291 |
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Respondents
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October
24, 2001 |
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The above-captioned matter was
heard as a contested case on July 30, 2001, at which time the complainant and
the respondents appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint. For
purposes of hearing, this case was consolidated with Docket #FIC 2001-292; Terry
Walley v. Commissioner, State of Connecticut, Department of Correction; and
State of Connecticut, Department of Correction.
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, by letter dated May 23, 2001, the complainant
requested that the respondents provide him with a copy of the document
indicating that the state must keep insurance payment records for only two
years.
3.
Having failed to receive the requested record, the complainant appealed
to the Commission by letter dated June 6, 2001 and filed on June 7, 2001,
alleging that the respondents violated the Freedom of Information Act by
denying the complainant a copy of the requested record.
4. Section 1-210(a), G.S., provides in relevant part:
[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.…
5. Section 1-212(a), G.S., provides in relevant part: “[a]ny
person applying in writing shall receive, promptly upon request, a plain or
certified copy of any public record.”
6.
It is found that the respondents provided the complainant with a copy
of the State Public Records Administrator’s Retention/Disposition Schedule
II for state agency financial records, which is the only record which the
respondents keep on file or maintain that is in any way responsive to the
request described in paragraph 2, above.
It is further found that the respondents are not required to answer
questions or to create records in response to a public records request.
7.
Based upon the facts and circumstances of this case, 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 hereby dismissed.
Approved by Order of the Freedom of Information
Commission at its regular meeting of October 24, 2001.
_______________________________________
Petrea A. Jones
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:
Terry Walley
65 Prospect Street, Apt. 5-E
Stamford, CT 06902
Commissioner, State of Connecticut,
Department of Correction; and
State of Connecticut, Department
of Correction
c/o Matthew B. Beizer, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-291/FD/paj/10/30/2001