In the Matter of a Complaint by FINAL DECISION


Carole Casapulla,




against Docket #FIC 88-313


Regional Director of Region 5, State of Connecticut Department of Mental Retardation,


Respondent Janaury 25, 1989


The above-captioned matter was heard as a contested case on September 20, 1988, 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 and conclusions of law are reached:


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


2. By letter dated July 29, 1988 and filed with the Commission on August 1, 1988, the complainant appealed to the Commission, alleging the respondent failed to comply fully with the Commission's order in Docket #FIC 87-339.


3. The Commission takes administrative notice of the fact that the notice of final decision in Docket #FIC 87-339 was mailed to the respondent on May 18, 1988.


4. It is found that, pursuant to the Commission's order in Docket #FIC 87-339, the respondent has provided the complainant with some three thousand pieces of paper requiring over one hundred hours of personnel time to compile and photocopy.


5. It is found that at the time of this hearing on the issue of non-compliance the respondent had provided the complainant almost all the records ordered disclosed and was in the process of compiling and copying the rest of the records.


6. It is found that the respondent also has created several documents which he did not have at the time of the hearing in Docket #FIC 87-339 and was not ordered to produce.


Docket #FIC 88-313 Page Two


7. It is concluded that the respondent has indicated there was an effort to comply with the Commission's order in Docket #FIC 87-339.


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


1. The complaint is hereby dismissed.


2. The Commission urges the respondent to continue working with the complainant to provide her with detailed documentation of her son's care and to do so in a more timely manner.


Approved by order of the Freedom of Information Commission at its regular meeting of January 25, 1989.



Karen J. Haggett

Clerk of the Commission