FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| James Coll, | |||
| Complainants | |||
| against | Docket #FIC 2002-053 | ||
|
H. Wayne Carver II, Chief Medical Examiner, State of Connecticut, Office of the Chief Medical Examiner; and State of Connecticut, Office of the Chief Medical Examiner |
|||
| Respondent | July 10, 2002 | ||
The above-captioned matter was heard as a contested case on March 19, 2002, at which time the complainant and the respondents appeared 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. By letter of complaint dated January 31, 2002, and filed with the Commission on February 5, 2002, the complainant appealed alleging that the respondents violated the Freedom of Information Act by overcharging him for copies of records, and specifically that the respondents charged him $2.00 per page for a copy of certain records. The complainant requested that the Commission impose a civil penalty upon the respondents. The complainant also requested that he be reimbursed for 7.75 hours of work he missed in order to attend the hearing in this matter.
3. It is found that on or about December 27, 2001, the complainant requested that the respondents provide him with copies of various records from the respondent’s case file concerning his late stepson.
4. It is found that the respondents informed the complainant, by invoice dated January 14, 2002, that “the records requested are available and will be forwarded upon payment of” $72.52. The invoice, in relevant part, contained a breakdown as follows:
Telephone Notice of Death 17 pages Fee $34.00
Receipt of Evidence 4 pages Fee 8. 00
5. It is found that the fees at issue concern the $2.00 per page fee charged for the 17 pages of “Telephone Notice of Death” and the 4 pages of “Receipt of Evidence”, as described in paragraph 4, above.
6. Section 1-210(a), G.S., provides, in relevant part:
Except 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.
7. Section 1-212(a), G.S., further provides in relevant part:
The fee for any copy provided in accordance with the Freedom of Information Act:
(1) By … a state agency or a department, institution, bureau, board, commission, authority or official of the state … shall not exceed twenty-five cents per page. [Emphasis added.]
8. The respondents contend that pursuant to §19a-411, G.S., and §19a-401-12(4), Regulations of Connecticut State Agencies, they are permitted to charge the copy fees as described in paragraphs 4 and 5, above.
9. Section 19a-411, G.S., provides, in relevant part:
The Office of the Chief Medical Examiner shall keep full and complete records properly indexed, giving the name, if known, of every person whose death is investigated, the place where the body was found, the date, cause and manner of death and containing all other relevant information concerning the death and a copy of the death certificate…Any person may obtain copies of such records upon such conditions and payment of such fees as may be prescribed by the commission [on Medicolegal Investigations], provided no person with a legitimate interest therein shall be denied access to such records….[Emphasis added.]
10. It is found that §19a-401-12(4), is a portion of the Regulations of Connecticut State Agencies, promulgated by the Commission on Medicolegal Investigations, and provides in relevant part that:
Records will be furnished upon payment of the following fees … for copying such records:
Telephone Notice of Death $2.00 per page
Receipt of Evidence $2.00 per page
11. It is found that the records at issue are records of the Office of the Chief Medical Examiner within the meaning of §19a-411, G.S.
12. It is concluded that the provisions of §19a-411, G.S., with respect to the cost of copies of the records at issue, supersede the provisions of §1-212(a), G.S., by virtue of §1-210(a), G.S., and that the fee schedule, set forth in §19a-401-12(4) of the Regulations of Connecticut State Agencies, governs the fees to be charged in this case.
13. Consequently, it is further concluded that the respondents did not violate §§1-210(a) and 1-212(a), G.S., when they charged the complainant a copy fee of $2.00 per page for the subject records.
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 July 10, 2002.
_______________________________________
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:
James Coll
51 Candle Hill Road
New Fairfield, CT 06812
H. Wayne Carver II, Chief Medical
Examiner, State of Connecticut, Office
of the Chief Medical Examiner; and
State of Connecticut, Office of the
Chief Medical Examiner
c/o Patrick B. Kwanashie, Esq.
Assistant Attorney General
55 Elm Street, PO Box 120
Hartford, CT 06141-0120
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-053/FD/paj/7/12/2002