20100728MRM

TO: Freedom of Information Commission

FROM: Mary E. Schwind

RE: Minutes of the Commission’s regular meeting of July 28, 2010

A regular meeting of the Freedom of Information Commission was held on July 28, 2010, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:07 p.m. with the following Commissioners present:

Commissioner Andrew J. O’Keefe, presiding

Commissioner Sherman D. London

Commissioner Norma E. Riess

Commissioner Owen P. Eagan

Commissioner Amy J. LiVolsi

Also present were staff members Colleen M. Murphy, Eric V. Turner, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, Valicia D. Harmon, Lisa F. Siegel, Paula S. Pearlman, Tracie C. Brown, Thomas E. Hennick, and Mary E. Schwind.

The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of July 14, 2010.

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.

Docket #FIC 2009-508 Kenyon L. Joseph v. Chief, Police Department, City of New Britain; and Police Department, City of New Britain

Kenyon Joseph participated via speakerphone. The respondents did not appear. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-509 Kenyon L. Joseph v. Chief, Police Department, City of Meriden; and Police Department, City of Meriden

Kenyon Joseph participated via speakerphone. The respondents did not appear. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-510 John Sylvia v. Warden, State of Connecticut, Department of Correction, Brooklyn Correctional Institution; and State of Connecticut, Department of Correction

John Sylvia participated via speakerphone. Attorney Nicole Anker appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-523 Kurtulus Kalican v. Chief, Police Department, City of New London; Police Department, City of New London; Chief Medical Examiner, State of Connecticut, Office of the Chief Medical Examiner; and State of Connecticut, Office of the Chief Medical Examiner

Kurtulus Kalican participated via speakerphone. The respondents did not appear. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-469 Richard Simons and the Yale Police Benevolent Association v. Chief, Police Department, Yale University; and Police Department, Yale University

Attorney Andrew Matthews appeared on behalf of the complainants. Attorney Aaron Bayer appeared on behalf of the respondents. The Commissioners unanimously voted to reopen the hearing in this matter. The proceedings were recorded digitally.

Docket #FIC 2009-541 Priscilla Dickman v. Director, Health Affairs Policy Planning, Department of Community Medicine and Health Care, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center; and State State of Connecticut, University of Connecticut Health Center

The Commissioners unanimously voted to grant the petition of the Office of State Ethics to intervene in this matter. Priscilla Dickman appeared on her own behalf. Assistant Attorney General Donald R. Green appeared on behalf of the respondents. Attorney Barbara E. Housen appeared on behalf of the intervener. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners then unanimously voted to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally.*

Docket #FIC 2009-549 Betsy Franco De La Cruz v. Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families

The complainant did not appear. Attorney Thomas De Matteo appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2009-559 Joseph L. Giaquinto, Jr. v. Superintendent of Schools, Danbury Public Schools; and Board of Education, Danbury Public Schools

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2009-695 Glenn M. Conway v. Chief, Police Department, Town of Orange; and Police Department, Town of Orange

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2010-231 Karen Holness v. Chief, Police Department, City of Torrington; Police Department, City Torrington; Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families

Karen Holness appeared on her own behalf. Attorney Thomas De Matteo appeared on behalf of the state agency respondents. Attorney Ernestine Yuille Weaver appeared on behalf of the municipal agency respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2010-241 Steven Edelman v. Jon Berk, Gordon Muir & Foley, Special Counsel to the Town of Windham; Russell Jarem, Gordon Muir & Foley, Special Counsel to the Town of Windham; and Town of Windham

Steven Edelman appeared on his own behalf. The respondents did not appear. The Commissioners unanimously voted to reopen the hearing in this matter. The proceedings were recorded digitally.

Docket #FIC 2010-264 Michael Carlo v. Town Administrator, Town of Vernon; and Town of Vernon

Michael Carlo appeared on his own behalf. The respondents did not appear. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

The Commissioners unanimously voted to deny a Petition for Reconsideration, dated July 12, 2010, filed by Richard H. Kosinski in Richard H. Koskinski v. Commissioner, State of Connecticut, Department of Education; and State of Connecticut, Department of Education, Docket #FIC 2009-519.

Commissioner Sherman D. London informed the Commission that Executive Director Colleen M. Murphy had been the subject of a favorable article in the Danbury News-Times.

The meeting was adjourned at 4:55 p.m.

______________________

Mary E. Schwind

7/30/2010

* SEE ATTACHED FOR AMENDMENTS

MINREG meeting 07282010/mes/07302010

AMENDMENTS

Paragraph 3 of the Hearing Officer’s Report is amended as follows:

3. The Commission takes administrative notice of the final decision in Docket #FIC2008-765; Priscilla Dickman v. Director, Health Affairs Policy Planning, Department of Community Medicine and Health Care, State of Connecticut, University of Connecticut Health Center, et al. (July 8, 2009). In the final decision, the Commission ordered the respondents to provide the complainant, within thirty days, with the emails [for] OF the following individuals, WHICH PERTAIN TO OR MENTION THE COMPLAINANT IN ANY WAY, as indicated below, at no charge:

a. Feliciano Dias, from 2/2003 through 3/2007;

b. Irene Kowalski, from 2/2003 through 4/2008;

c. Margaret Swets, from 2/2003 through 4/2008;

d. Karen Duffy Wallace, from 1/2005 through 8/2008;

e. Joan Mazzone, from 2/2005 through 7/2007;

f. Gary Loomis, from 1/2005 through 7/30/2007;

g. Brian Eaton, from 2/2003 through 4/2007; and

h. Jessica Van Alstyne, 1/2005 through 8/2008.

Paragraph 15 of the Hearing Officer’s Report is amended as follows:

15. After a careful review of the in camera record, it is found that the following in camera records or portions thereof, evidence substantive communications that occurred by way of email between a public agency client and the agency’s various attorneys in the Office of the Attorney General:

IC-2009-541-48: line eight, words eighteen and nineteen; line nine, entire line; and line ten, words one through five;

IC-2009-541-49: lines six through eleven, the entire lines; lines eighteen through twenty-four, the entire lines; lines thirty through thirty-five, entire lines;

IC-2009-541-51 through IC-2009-541-54: all pages;

IC-2009-541-62: lines seventeen through twenty-two, entire lines;

IC-2009-541-63, lines twenty-five through thirty-one, entire lines;

IC-2009-541-64: line forty-one, entire line;

IC-2009-541-65: entire page;

IC-2009-541-67: lines seven through thirteen, entire lines;

IC-2009-541-69: lines sixteen through twenty-three, entire lines;

IC-2009-541-70: lines ten through sixteen, entire lines;

IC-2009-541-72: lines eighteen through twenty-four, entire lines;

IC-2009-541-80: lines eight through fourteen, entire lines;

IC-2009-541-81 through IC-2009-541-85: all pages;

IC-2009-541-86: line six through thirteen, entire lines; and lines twenty through twenty-six, entire lines;

IC-2009-541-87: lines six through nine, entire lines; lines twenty-one through twenty-nine, entire lines; and lines thirty-six through forty, entire lines;

IC-2009-541-88: lines one, entire line; and line two, entire line;

IC-2009-541-89: line six, entire line; lines twelve through fifteen, entire lines; and lines twenty-seven through thirty-five, entire lines;

IC-2009-541-90: entire page;

IC-2009-541-91: lines six through eight, entire lines; lines fourteen through twenty-two, entire lines; and lines twenty-nine through thirty-six, entire lines;

IC-2009-541-93: line six, entire line; lines eighteen through twenty-one, entire lines; and lines twenty-seven through thirty-five, entire lines;

IC-2009-541-94: lines two through nine, entire lines;

IC-2009-541-95: lines six through nine, entire lines; lines twenty-one through twenty-four, entire lines; and lines thirty through thirty-eight, entire lines; and lines thirty through thirty-eight, entire lines;

IC-2009-541-96: lines five through twelve, entire lines;

IC-2009-541-97: lines six and seven, entire lines; lines thirteen through sixteen, entire lines; lines twenty-eight through thirty, entire lines; and lines thirty-seven through forty-one, entire lines;

IC-2009-541-98: lines one through four, entire lines; and lines eleven through eighteen, entire lines;

IC-2009-541-100: lines six through nine, entire lines; lines fifteen through eighteen, entire lines; lines thirty through thirty-two, entire lines; and lines thirty-nine through forty-two, entire lines;

IC-2009-541-101: lines one through five, entire lines; lines twelve through nineteen, entire lines;

IC-2009-541-103: lines six through nine, entire lines; lines fifteen through eighteen, entire lines; lines thirty through thirty-three, entire lines; and lines thirty-nine through forty-two, entire lines;

IC-2009-541-104: line one through five, entire lines; and lines twelve through nineteen, entire lines;

IC-2009-541-106: lines six through eight, entire lines; lines twenty through twenty-two, entire lines; and lines twenty-eight through thirty-one, entire lines;

IC-2009-541-107: lines two through five, entire lines; lines eleven through nineteen, entire lines; and lines twenty-six through thirty-three, entire lines;

IC-2009-541-109: line six, entire line; lines eighteen through twenty-two, entire lines; and lines twenty-eight through thirty-one, entire lines;

IC-2009-541-110: lines two through five, entire lines; lines eleven through nineteen, entire lines; and lines twenty-six through thirty-three, entire lines;

IC-2009-541-112: lines six and seven, entire lines; lines thirteen through fifteen, entire lines; lines twenty-seven through twenty-nine, entire lines; and lines thirty-five through thirty-eight, entire lines;

IC-2009-541-113: lines nine through twelve, entire lines; lines eighteen through twenty-eight, entire lines; and lines thirty-five through forty-three, entire lines;

IC-2009-541-115: lines six through seven, entire lines; lines nineteen through twenty, entire lines; lines twenty-six through twenty-eight, entire lines; and line forty, entire line;

IC-2009-541-116: lines one and two, entire lines; lines eight through eleven, entire lines; lines thirty-nine through forty-two, entire lines;

IC-2009-541-117: lines two through twelve, entire lines; and lines nineteen through twenty-seventy;

IC-2009-541-118: line six, entire line; lines twelve and thirteen, entire lines; lines twenty-five through twenty-nine, entire lines; lines thirty-five through thirty-eight, entire lines;

IC-2009-541-119: lines nine through twelve, entire lines; lines eighteen through twenty-eight, entire lines; and lines thirty-five through forty-three, entire lines;

IC-2009-541-121: line eighteen, entire line; lines twenty-four and twenty-five, entire lines; lines thirty-seven through forty-one, all lines;

IC-2009-541-122: lines six through nine, entire lines; and lines thirty-seven through forty, entire lines;

IC-2009-541-123: lines one through eleven, entire lines; lines eighteen through twenty-six, entire lines;

IC-2009-541-124: line six, entire line; lines twelve and thirteen, entire lines; LINES TWENTY-FIVE AND TWENTY-SIX, ENTIRE LINES; lines thirty-two through thirty-five, entire lines;

IC-2009-541-125: lines seven through nine, entire lines; lines fifteen through nineteen, entire lines;

IC-2009-541-126: lines six through nine, entire lines; lines fifteen through twenty-six, entire lines; lines thirty-three through forty-one, entire lines;

IC-2009-541-128: lines eighteen and nineteen, entire lines; lines twenty-five and twenty-six, entire lines; lines thirty-eight and thirty-nine, entire lines;

IC-2009-541-129: lines five through eight, entire lines; lines thirty-six through thirty-eight, entire lines; lines forty-four through forty-six, entire lines;

IC-2009-541-130: lines one and two, entire lines; lines eight through eleven, entire lines;

IC-2009-541-131: lines five through sixteen, entire lines; lines twenty-three through thirty-one, entire lines;

IC-2009-541-132: lines six and seven, entire lines; lines nineteen and twenty, entire lines; lines twenty-six through twenty-eight, entire lines; line forty, entire line;

IC-2009-541-133: lines one and two, entire lines; lines eight through eleven, entire lines; lines thirty-nine through forty-two, entire lines;

IC-2009-541-134: lines two through twelve, entire lines; lines nineteen through twenty-seven, entire lines;

IC-2009-541-135: lines six and seven, entire lines; lines thirteen through fifteen, entire lines; lines twenty-seven and twenty-eight, entire lines; lines thirty-four through thirty-seven, entire lines;

IC-2009-541-136: lines nine through eleven, entire lines; lines seventeen through twenty-one, entire lines;

IC-2009-541-137: lines six through nine, entire lines; lines fifteen through twenty-six, entire lines; lines thirty-three through thirty-nine, entire lines;

IC-2009-541-138: lines one and two, entire lines;

IC-2009-541-140: lines fourteen through twenty, entire lines;

IC-2009-541-143: lines six through ten, entire lines; lines fifteen through nineteen, entire lines;

IC-2009-541-144: line eleven and twelve, entire lines; line eighteen through twenty-two, entire lines; line twenty-seven through thirty-one, entire lines;

IC-2009-541-145: line six and seven, entire lines;

IC-2009-541-146: lines six through eight, entire lines; line thirteen and fourteen, entire lines;

IC-2009-541-147: line six, entire line; lines twelve and thirteen, entire lines;

IC-2009-541-148: line eleven, entire line; lines seventeen and eighteen, entire lines;

IC-2009-541-149: line eleven, entire line, lines seventeen and eighteen, entire lines;

IC-2009-541-150: lines seven and eight, entire lines; line thirteen, entire line; line nineteen and twenty, entire lines;

IC-2009-541-152 through IC-2009-541-55: all pages;

IC-2009-541-157: lines eight and nine, entire lines;

IC-2009-541-159 through IC-2009-541-162: all pages;

IC-2009-541-163: line seven, entire line; lines fifteen and sixteen, entire lines;

IC-2009-541-164: line thirteen, entire line; lines twenty-one and twenty-two, entire lines;

IC-2009-541-165: line six, entire line; lines thirteen through fifteen, entire lines; lines twenty-six through twenty-seven, entire lines;

IC-2009-541-166: lines seven through twelve, entire lines;

IC-2009-541-167: lines twelve through seventeen, entire lines;

IC-2009-541-168: lines nineteen through twenty-four, entire lines;

IC-2009-541-170 through IC-2009-541-182: all pages;

IC-2009-541-184 through IC-2009-541-187: all pages;

IC-2009-541-229 through IC-2009-541-237: all pages;

IC-2009-541-239 through IC-2009-541-247: all pages;

IC-2009-541-249 through IC-2009-541-258: all pages;

IC-2009-541-262 through IC-2009-541-266: all pages;

IC-2009-541-267: lines six through nine, entire lines; lines seventeen through eighteen, entire lines;

IC-2009-541-268: lines seven through nine, entire lines; lines fourteen through sixteen, entire lines; lines twenty-two through twenty-three, entire lines; lines twenty-nine through thirty-five, entire lines;

IC-2009-541-270: line eight, entire line;

IC-2009-541-271: lines seven through eleven, entire lines;

IC-2009-541-272: lines fifteen through twenty, entire lines;

IC-2009-541-273: lines six through nine, entire lines; lines fourteen through twenty-two, entire lines;

IC-2009-541-274: lines four through eight, entire lines;

IC-2009-541-275: lines twenty-six through twenty-nine, entire lines; lines thirty-four through forty-one, entire lines;

IC-2009-541-276: line one, entire line; lines twenty-four and twenty-eight, entire lines;

IC-2009-541-277: lines thirteen through twenty-seven, entire lines;

IC-2009-541-278: lines seven and eight, entire lines; lines fourteen through thirty-four, entire lines;

IC-2009-541-279: lines ten through thirteen, entire lines; lines eighteen through twenty-six, entire lines;

IC-2009-541-280: lines seven through eleven, entire lines.

Paragraph 24 of the Hearing Officer’s Report is amended as follows:

24. The respondents next contend that portions of the following in camera records are exempt pursuant to §1-210(b)(1), G.S.: IC-2009-541-45 through IC-2009-541-47; IC-2009-541-49 through IC-2009-541-61; IC-2007-541-70 through IC-2009-541-138; IC-2009-541-143 through IC-2009-541-187; and IC-2009-541-228 through [IC-2009-541-226] IC-2009-541-266.

Paragraph 34 of the Hearing Officer’s Report is amended as follows:

34. After a careful review of the in camera records identified in paragraph 32, above, it is found that the following records, or portions thereof, consist of strategy or negotiations with respect to collective bargaining:

IC-2009-541-1: lines thirty-eight and [forty] THIRTY-NINE, entire lines;

IC-2009-541-2: lines six through ten, entire lines; lines twenty-four through thirty-one, entire lines;

IC-2009-541-3: lines two through ten, entire lines;

IC-2009-541-4: line forty-five, entire line;

IC-2009-541-5: line one, entire line; lines twelve through sixteen, entire lines; lines thirty through thirty-seven, entire lines;

IC-2009-541-6: lines eight through sixteen, entire lines;

IC-2009-541-8: lines seven through eight, entire lines; lines nineteen through twenty-four, entire lines; lines thirty-eight through forty-three, entire lines;

IC-2009-541-9: lines one through three, entire lines; lines seventeen through twenty-five, entire lines;

IC-2009-541-11: lines one and two, entire lines; lines thirteen through eighteen, entire lines; lines thirty-two through forty, entire lines;

IC-2009-541-12: lines ten through eighteen, entire lines;

IC-2009-541-14: lines twenty-two through twenty-three, entire lines; lines thirty-four through thirty-nine, entire lines;

IC-2009-541-15: lines eight through seventeen, entire lines; lines thirty-one through forty, entire lines;

IC-2009-541-17: lines thirty-three through thirty-four, entire lines; lines forty-five and forty-six, entire lines;

IC-2009-541-18: lines one through five, entire lines; lines nineteen through twenty-eight, entire lines; lines forty-two through forty-seven, entire lines;

IC-2009-541-19: lines one through four, entire lines;

IC-2009-541-21: lines thirty-eight through thirty-nine, entire lines;

IC-2009-541-22: lines four through ten, entire lines; lines twenty-four through thirty-four, entire lines;

IC-2009-541-23: lines three through thirteen, entire lines;

IC-2009-541-25: forty-two and forty-three, entire lines;

IC-2009-541-26: lines ten through fourteen, entire lines; lines twenty-eight through thirty-three, entire lines;

IC-2009-541-27: lines six through twelve, entire lines;

IC-2009-541-30: lines three and four, entire lines; lines fifteen through nineteen, entire lines; lines thirty-three through thirty-eight, entire lines;

IC-2009-541-31: lines eleven through seventeen, entire lines;

IC-2009-541-34: lines three and four, entire lines; lines fifteen through nineteen, entire lines; lines thirty-three through thirty-eight, entire lines;

IC-2009-541-35: lines eleven through seventeen, entire lines;

[IC-2009-541-39] IC-2009-541-38: lines one through three, entire lines; lines fourteen through twenty, entire lines; lines thirty-five through forty-five, entire lines;

IC-2009-541-39: line one, entire line; lines seventeen through twenty-nine, entire lines; IC-2009-541-42: lines thirteen through fifteen, entire lines; lines twenty-six through thirty-two, entire lines;

IC-2009-541-43: lines four through eighteen, entire lines; lines thirty-five through forty-seven, entire lines; and

IC-2009-541-44: lines one through three, entire lines.

Paragraph 47 of the Hearing Officer’s Report is amended as follows:

47. Sections 1-82(e), G.S. and 1-82a(b), (d), and (e), G.S., respectively, provide in relevant part as follows:

(e) . . . After receipt of information from an individual under the provision of this part, the [State Ethics Commission] OFFICE OF STATE ETHICS shall not disclose the identity of such individual without his consent unless the [commission] OFFICE OF STATE ETHICS determines that such disclosure is unavoidable during the course of an investigation.

(b) An investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. If the investigation is confidential, the allegations in the complaint and any information supplied to or received from the commission shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party, or commission or staff member.

(d) If the commission makes a finding of no probable cause, the complainant and the record of its investigation shall remain confidential, except upon the request of the respondent and except that some or all of the record may be used in subsequent proceedings. No complainant, respondent, witness, designated party, or commission or staff member shall disclose to any third party any information learned from the investigation, including knowledge of the existence of a complaint, which the disclosing party would not otherwise have known. If such a disclosure is made, the commission may, after consultation with the respondent if the respondent is not the source of the disclosure, publish its findings and a summary of its reasons therefore.

(e) The commission shall make public a finding of probable cause not later than five business days after the termination of the investigation. At such time the entire record of the investigation shall become public, except that the commission may postpone examination of the release of such public records for a period of not to exceed fourteen days for the purpose of reaching a stipulation agreement pursuant to subsection (c) of section 4-177.

Paragraph 48 of the Hearing Officer’s Report is amended as follows:

48. It is found that §§1-82, G.S., and [1-82(a)] 1-82a, G.S., apply to the Office of State Ethics’ investigations concerning allegations of ethical violations by [municipal ethics agencies] INDIVIDUALS SUBJECT TO THE CODE OF ETHICS. SEE, E.G., MERCHANT V. STATE ETHICS COMM’N, 53 CONN. APP. 808, 814, 733 A.2D 287 (1998) (“SECTION 1-82 OF THE ETHICS CODE PROVIDES THE PROCEDURE TO BE USED WHEN A COMPLAINT HAS BEEN FILED AGAINST A PUBLIC OFFICIAL ALLEGING THAT THE PUBLIC OFFICIAL ENGAGED IN ANY OF THE PROHIBITED ACTIVITIES.”); SEE ALSO CONN. GEN. STAT. §1-82(c). [It is further found that the respondents failed to prove that the in camera records identified in paragraph 46, above, relate to an ongoing investigation by the Office of State Ethics or to a previous investigation by the Office of State Ethics for which a finding of no probable cause has been made.] HOWEVER, THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF THE FACT THAT, ON AUGUST 13, 2009, A TRIAL JUDGE REFEREE MADE A FINDING OF PROBABLE CAUSE IN THE OFFICE OF STATE ETHICS’ INVESTIGATION IN WHICH THE COMPLAINANT WAS THE SUBJECT.

Paragraph 49 of the Hearing Officer’s Report is amended as follows:

49. Based on the finding at paragraph 48, above, it is concluded that, AS OF AUGUST 13, 2009, the records identified in paragraph 46, above, [are not] WERE NO LONGER exempt from mandatory disclosure pursuant to §1-82, G.S., or §1-82a, G.S.

Paragraph 51 of the Hearing Officer’s Report is amended as follows:

51. Based on the findings in paragraph 50, above, it is concluded that the records identified in paragraph [47] 46, above, are not exempt from mandatory disclosure pursuant to §1-93, G.S., or §1-93a, G.S.

Paragraph 52 of the Hearing Officer’s Report is amended as follows:

52. Based on the conclusions in paragraphs 23, 30, 37, 45, [49,] and 51, above, it is further concluded that the requested records are subject to mandatory disclosure, except for those portions of the records specifically identified as exempt from disclosure in paragraphs 15 and 34, above[, above]. It is further concluded that the respondents violated §§1-210(a) and 1-212(a), G.S., when they declined to provide such records to the complainant.