FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

            

The above-captioned matter was heard as a contested case on September 21, 2007, 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 April 16, 2007, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying his April 1, 2007 request for public records.

 

            3.  It is found that the complainant made a written request dated April 1, 2007 to the respondent for “documentary evidence on the status of the pilot program for a debit account telephone system per Conn. Gen. Stat. §18-81s, the result of any reviews, how long it will be before it is fully implemented within the Department of Correction, and the reason why it has not been fully implemented before now.”

 

4.  It is found that the respondent provided a page or two of documents on or about April 19, 2007.

 

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: “Any 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), 1-210(a) and 1-212(a), G.S.

 

9.  It is found that the pilot debit telephone program referenced in the complainant’s request is run by the Department of Correction and MCI at Brooklyn Correctional Institution. 

 

10.  It is found that the respondent’s only role with respect to the debit telephone program is to monitor prices and see that the contractual terms are complied with.

 

11.  It is found that the respondent conducted a diligent search for additional records  responsive to the complainant’s request, but none exist in the files of the respondent.

 

12.  It is concluded that the respondent provided the records described in paragraph 4, above, promptly.

 

13.  It is concluded that the respondent did not violate §§1-210(a) or 1-212(a), 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 March 26, 2008.

 

________________________________

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:

 

David P. Taylor, #272912

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT 06080

           

Chief Information Officer,

State of Connecticut,

Department of Information Technology

c/o Steven R. Strom, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-223FD/paj/3/28/2008