In the Matter of a Complaint by FINAL DECISION


Robert L. Silvestri,




against Docket #FIC 86-70


Personnel Officer, Connecticut Correctional Center,


Respondent April 23, 1986


The above captioned matter was heard as a contested case on April 3, 1986, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.


After consideration of the entire record the following facts are found:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter to the respondent dated February 23, 1986, the complainant requested copies of the following records:


a. The shift commander's report concerning a fire drill on June 4, 1985;


b. Lt. Cardella's report regarding the fire drill;


c. The third shift commander's report concerning the death of an inmate in north block housing unit on November 21, 1985;


d. The first shift commander's report regarding the November 21, 1985 incident;


e. The coroner's report regarding the inmates's death; and


Docket #FIC 86-70 Page 2


f. The statement by Commanding Officer M. Laverty

regarding the north block door key incident on May 14, 1985.


3. On or about February 27, 1986 the complainant made another request of the respondent for a copy of the supervisor's manual for the department of corrections.


4. From denial of access to the information set forth in paragraphs 2 and 3 above, the complainant appealed to the Commission by letter of complaint filed on March 18, 1986.


5. At the hearing, the complainant and respondent agreed the Commission could take administrative notice of testimony, evidence and exhibits in FIC #76-183 and apply it to this case.


6. Also at the hearing, the respondent provided the complainant with copies of the records set forth in paragraphs 2c,

2d, 2e, 2f and 3 above.


7. It is found, however, that more than 30 days have elapsed between the complainant's request for the documents and the respondent's compliance.


8. It is therefore concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to disclose a copy of the requested records promptly.


9. It is found that the records set forth in paragraghs 2a and 2b above do not exist.


10. The respondent claims that the chief medical examiner's report requested by the complainant is exempt from disclosure pursuant to 19a-411, G.S.


11. It is found that the requested autopsy report constitutes a public record under 1-18a(d) and 1-19(a), G.S., and must be disclosed under 1-15 and 1-19(a), G.S., unless otherwise exempted by state or federal law.


12. It is further found that 19a-411, G.S., does not provide an exemption to the disclosure of the requested record in this case.


Docket #FIC 86-70 Page 3


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


1. The respondent shall forthwith provide the complainant with a copy of the chief medical examiner's report concerning the inmate's death.


2. Henceforth the respondent shall act in strict compliance with the requirements of 1-15 and 1-19(a), G.S., regarding the disclosure of public records.


Approved by order of the Freedom of Information Commission at its special meeting of April 23, 1986.


Karen J. Haggett

Clerk of the Commission