In the Matter of a Complaint by FINAL DECISION


Robert L. Silvestri




against Docket #FIC 86-125


Personnel Officer, Connecticut Correctional Center, Chesire,


Respondent September 23, 1986


The above captioned matter was heard as a contested case on May 27, 1986. By agreement the hearing was continued to June 6, 1986 at which time the complainant and the respondent appeared 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 April 18, 1986, the complainant requested copies of the following records:


a. The shift supervisor's report to Deputy Warden concerning a fire drill on June 4, 1985;


b. Deputy Warden's report regarding the fire drill;


c. Deputy Warden's report to the commissioner's office;


d. Official and unofficial pages of the captain's log book; and


e. Pages of the first cell house log book concerning the north block door key incident on May 14, 1985.


Docket #FIC 86-125 Page 2


3. From denial of access to the information set forth in paragraph 2, above, the complainant appealed to the Commission by letter of complaint filed on May 8, 1986.


4. The complainant requested the imposition of a civil penalty against the respondent.


5. At the May 27, 1986 hearing, the respondent stated that the complainant had been mailed the requested information. However, the complainant stated that he did not have an opportunity to review the documents prior to the hearing and requested that the hearing be continued until June 6, 1986.


6. It is found that the complainant was provided with a copy of the records set forth in paragraphs 2a through 2d, above.


7. It is further found that the record set forth in paragraph 2e, above, does not exist.


8. It is concluded that due to a misunderstanding as to what records were being requested, the respondent violated 1-15 and 1-19(a), G.S., by not promptly providing the complainant with the requested records.


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


1. The respondent shall henceforth comply with 1-15 and 1-19(a), G.S., by making reasonable attempts to ascertain exactly what records are being requested, to prevent any future misunderstandings or delays in providing copies of public records promptly.


2. The Commission declines to impose a civil penalty against the respondent.


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


Karen J. Haggett

Clerk of the Commission