FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on January 14, 2011, at which time the complainant and respondents appeared and presented testimony, exhibits and argument on the complaint. For purposes of hearing, this matter was consolidated with Docket #FIC 2010-399; Raymond Cerilli v. Warden, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; and State of Connecticut, Department of Correction. 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 respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      It is found that on April 10, 2010, the complainant requested copies of his medical records and records documenting the names of all of the Department of Correction employees who worked in the mailroom of MacDougall-Walker Correctional Facility. 

 

3.      By letter of complaint filed April 16, 2010, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of records. 

 

4.      Section 1-200(5), G.S., defines “public records” as follows:

 

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, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

5.      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 or … to (3) receive a copy of such records in accordance with the provisions of section 1-212.

 

6.      Section 1-212(a), 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.”

 

7.      It is concluded that the records requested by the complainant are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

8.      With respect to the complainant’s request for records of the personnel who worked in the mail room, the respondent Department of Correction (“DOC”) claimed that the commissioner had reasonable grounds to believe that disclosure of such records would constitute a security risk pursuant to §1-210(b)(18), G.S., because any existing records contained information about the movement and assignment of staff at a correctional facility, and would also show minimal staffing levels.  The respondent DOC, therefore, declined to provide such records to the complainant.

 

9.      It is found, however, that DOC created a record for the complainant that contains only the names of the staff who worked in the mail room at MacDougall-Walker between January 2009 and April 5, 2010.  It is found that such list omitted the information that DOC believed was exempt from disclosure pursuant to §1-210(b)(18), G.S.

 

10.   It is found that the respondent DOC provided the list described in paragraph 9, above, to the complainant on January 18, 2011, and that the complainant signed a statement that the list satisfied his FOI request.

 

11.   Accordingly, it is concluded that the respondent DOC did not violate the FOI Act.

 

12.  With respect to the complainant’s request for copies of all his medical records, the Commission takes administrative notice of the findings of facts and conclusions of law in its final decision in Docket #FIC 2010-169, which also concerns the complainant’s ongoing request for copies of his medical records from the respondent University of Connecticut Correctional Managed Health Care (“CMHC”).   

 

13.  It is found that CMHC asked the complainant to sign a form authorizing them to disclose the complainant’s medical records to him.  It is found that the complainant refused to sign such form. 

 

14.  It is found that, following the hearing in this matter, the complainant signed a written authorization for disclosure of his medical records to himself and, consequently, the respondents provided such copies to the complainant.

 

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 February 23, 2011.

 

 

____________________________

S. Wilson

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 Cerilli #162375

MacDougall-Walker C I

1153 East Street South

Suffield, CT 06080

 

Warden, State of Connecticut,

Department of Correction,

MacDougall-Walker, Correctional

Institution; State of Connecticut,

Department of Correction

C/o Nicole Anker, Esq.

Department of Correction

24 Wolcott Hill Road

Wethersfield, CT 06109

 

Executive Director, State of Connecticut,

University of Connecticut Health Center,

Correctional Managed Health Care; and

State of Connecticut, University of Connecticut

Health Center, Correctional Managed Health Care

C/o Donald R. Green, Esq.

Assistant Attorney General

University of Connecticut Health Center

263 Farmington Avenue

Farmington, CT 06030

 

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2010-256FD/sw/2/28/2011