FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was heard as a contested case on December 18, 2006, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See  Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).  

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.  By letter of complaint filed July 25, 2006, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by not complying with his requests for all of his mental health records. 

 

            3.  It is found that the complainant made a written request dated July 5, 2006 to the respondent for copies of all of his mental health records.

 

4.  It is found that the respondent reviewed the entirety of the complainant’s medical file, and offered copies on or about August 7, 2006 of the only three pages that were responsive to the July 5, 2006 request.

 

 

5.  Section 1-200(5), G.S., provides:

 

    “Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.

 

7.  Section 1-212(a)(1), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record….”

 

8.  It is found that the records described in paragraph 4, above, are public records within the meaning of §§1-200(5) and 1-210(a), G.S.

 

            9.  The complainant contends that the records provided are not acceptable because they are illegible.

 

10.  It is found that any illegibility in the records is due to the handwriting of the persons who wrote the records, not to the quality of the copy made by the respondent.

 

11.  The complainant also contends that the records provided are not complete because there are no records from the year 1995.

 

12.  It is found that the respondent conducted a diligent search of the complainant’s medical files, and could not locate any mental health records from the year 1995.

 

13.  It is therefore concluded that the respondent did not violate §§1-210(a) or 1-212(a)(1), G.S.

 

 

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

 

            1.  The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 11, 2007.

 

________________________________

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:

 

Raymond J. Cerilli, #162375

Mac-Dougall-Walker Correctional Institution

1153 East Street South

Suffield, CT 06080-0002

 

Health Services Administrator,

State of Connecticut,

University of Connecticut Health Center,

Correctional Managed Care,

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT 06080

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2006-382FD/paj/7/18/2007