FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
William F. McDonald,
Complainants
against Docket #FIC1990-326
Commissioner, State of Connecticut
Department of Correction,
Respondents August 14, 1991
	The above-captioned matter was heard as a contested case on December 18, 1990 and 
January 15, 1991, at which times the complainant and the respondent appeared, stipulated to 
certain facts and presented testimony, exhibits and argument on the complaint. This matter 
was consolidated for hearing with contested case docket #FIC 90-435.
	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 filed with this Commission on August 30, 1990, the complainant 
alleged that the respondent failed to comply with records requests dated August 15 and 
17, 1990.
	3. It is found that by letter to the respondent dated August 17, 1990, the complainant
 requested copies of the following:
a. All documentary records of the predisciplinary hearing of Catherine A. 
McDonald held at 2:00 p.m. on August 10, 1990;
b. Patricia Wollenhaupt's report concerning Catherine McDonald's alleged 
insubordination (or the substance of any oral reports);
c. Identification of and copies of all evidence supporting the decision arrived 
at at said hearing;
d. Notes of Lori Wrisley and James McMahon made during said hearing;
e. The proposed final decision prepared by the hearing officer after said hearing;
f. The final decision resulting from said hearing;
g. Names of all witnesses to Catherine McDonald's alleged act of insubordination.
	4. It is also found that by letter dated August 15, 1990, the complainant requested 
copies of the following:
a. A list of Department of Correction medical and personnel department 
personnel and the official titles of nine named Department of Correction 
employees and former employees;
b. The documents pertaining to the dismissal, including the names, addresses, titles and 
reasons for dismissal, of all Department of Correction employees who have been 
dismissed from state service for just cause from January 1, 1988 to August 15, 1990;
c. Each individual payroll record of the medical department personnel, Connecticut 
Correctional Institution, Somers, from May 1, 1990 through August 15, 1990;
d. All documents, including employees' letters submitted, pertaining to the resignation 
from state service by employees of the medical department at Somers Correctional 
Institution ("SCI") who have resigned since January 1, 1988;
e. All notices forbidding entrance into SCI, sent since January 1, 1985, to correctional 
officers and their superiors by certain persons, and the names of those certain persons;
f. Employees' vacation schedules, including dates, of SCI medical department personnel 
since January 1, 1988;
g. All documents relating to sick time used, including doctors' reports submitted by the 
employees' doctors, by SCI medical department personnel since August 1, 1988;
h. Documents that include names of personnel and reasons given for requesting transfer 
by all SCI medical department personnel who have transferred out of SCI medical 
department or resigned since January 1, 1988;
i. Pages of the Sick Book maintained at SCI medical department for the period of 
January 1, 1988 to August 15, 1990;
j. Employer's copies of Internal Revenue Service Form W-2 for the years 1988 and 
1989 of all nursing supervisors and correctional head nurses within the Connecticut 
Department of Correction Medical Departments;
k. All memoranda written on Forms CCI #4.1 or similar forms from Patricia 
Wollenhaupt to any state official or state employee for any reason for the period 
from May 1, 1990 to August 15, 1990;
1. Employees ' monthly time schedules prepared by the nursing supervisors for the 
SCI medical department for the period from January 1, 1988 to August 15, 1990;
m. Death certificates of all inmates who have died while patients under the care of 
SCI medical department or within one month of transfer out of said medical 
department during the period from January 1, 1989 to August 15, 1990;
n. All documents pertaining to action taken concerning all Department of Correction 
medical department employees who were suspended from employment, had their 
wages and benefits stopped, and were locked out of their place of employment prior 
to having a pre-disciplinary or Loudermill hearing, from January 1, 1980 to August 
15, 1990;
o. All documents prepared by any person within the Department of Correction or 
received from any source by any person within the Department of Correction for the 
period from May 1, 1990 to the date of this request that relates to or mentions the 
name of Catherine A. McDonald; and
p. Time records from January 1, 1988 to August 15, 1990 of all Department of 
Correction medical department personnel, including SCI medical department nursing 
supervisors, who work a "variable" schedule, that is a schedule that is not the usual 
8:00 a.m. to 4:00 p.m., 4:00 p.m. to midnight, or midnight to 8:00 a.m. shifts.
	5. At the time of the hearings, the respondent made a 1-19b(b), G.S., motion to 
dismiss the case on the basis that there are pending claims concerning this matter including a 
labor grievance filed by the complainant's wife, Catherine McDonald, as well as a CHRO 
claim filed on October 31, 1990.
	6. It is found that at the time of the hearings, there had been no discovery motions 
made nor discovery orders entered in any related claim.
	7. Accordingly, the respondent's motion identified in paragraph 5, above, is hereby 
denied.

	8. With respect to the complainant's August 17 requests, the following is found:
a. With respect to the request identified in paragraph 3a, above, the respondent 
provided all records in its files with the exception of two handwritten notes, 
which the respondent was willing to disclose at the time of the hearing;
b. With respect to the request identified in paragraph 3b-g, above, the respondent 
provided the complainant with everything available and responsive in its files including 
the statements of Wollenhaupt and the payroll officer, and the dismissal letter.
c. It is also found that in response to the complainant's request in paragraph 3g, 
above, the only witness was Wollenhaupt.
	9. With respect to the complainant's August 15 requests, the following is found:
a. With respect to the request identified in paragraph 4a, above, the respondent 
provided the complainant with relevant data concerning all personnel within 
the health services division and a listing of all human resources personnel and 
their titles;
b. With respect to the request identified in paragraph 4b, above, the 
respondent provided the complainant with a computer printout of 
responsive records that excluded the home addresses of the individuals 
concerned. It is also found that the respondent failed to demonstrate that 
the addresses in issue do not consist of directory information, nor did 
the respondent demonstrate that those individuals had a reasonable expectation 
of privacy in their addresses;
c. With respect to the request identified in paragraph 4c, above, the respondent 
provided the complainant with employee attendance sheets, which list when 
people worked or utilized sick time, vacation time, etc.;
d. With respect to the request identified in paragraph 4d, above, the respondent 
provided the complainant with two letters of resignation from former employees 
dated March 1990. However, the respondent's position with respect to other 
existing records responsive to this request is that they are housed throughout 
the state and that retrieval would be tedious;

e. With respect to the request identified in paragraph 4e, above, the respondent 
provided the complainant with the only record it has responsive to the request, 
which is an October 1990 letter to a captain at SCI;
f. With respect to the request identified in paragraph 4f, above, the respondent 
provided the complainant with records going back to March 1990. Before March 
1990, a prior supervisor kept but apparently did not retain these records. 
However, it is also found that at the hearing, the respondent agreed to double 
check its records for such documents predating March 1990 to provide to the 
complainant;

g. With respect to the request identified in paragraph 4g, above, it is found that 
the attendance sheets provided to the complainant contain these notations. It 
is also found that separate doctors' reports concerning employees other than 
the complainant's wife were withheld in accordance with the provisions of 
1-l9(b)(2), G.S.;
h. With respect to the request identified in paragraph 4h, above, the respondent 
provided to the complainant a copy of the transfer list, which list was first kept in 
March 1990;
i. With respect to the request identified in paragraph 4i, above, the respondent 
provided the complainant with records dating back to October 1989, when 
Wollenhaupt assumed responsibility for these "call-out sheets." Before October 1989, 
a prior supervisor was responsible for such records. At the hearing, the respondent 
agreed to contact the prior supervisor to see if it could obtain any such records the 
prior supervisor may have retained;
j. With respect to the request identified in paragraph 4j, above, the respondent 
withheld the requested Internal Revenue Service Forms W-2 from disclosure;
k. With respect to the request identified in paragraph 4k, above, the respondent 
provided the only memoranda it knows to be in existence;
1. With respect to the request identified in paragraph 41, above, the respondent 
provided all schedules prepared by Wollenhaupt and known to be in existence. 
At the hearing, the respondent also agreed to check to see if the prior supervisor
 may have retained any schedules he may have kept;

m. With respect to the request identified in paragraph 4m, above, the respondent is 
not aware of any death certificates being kept at the department;

n. With respect to the request identified in paragraph 4n, above, none are in existence;
o. With respect to the request identified in paragraph 40, above, it is found that all 
such responsive records were provided to the complainant;
p. With respect to the request identified in paragraph 4p, above, the respondent 
has supplied the complainant with all such records from May 1990 forward. 
At the hearing, the respondent agreed to disclose those records from prior to 
May 1990 after it consults with the payroll division.

10. It is concluded that the doctors' medical reports identified in paragraph 9g, 
above, are permissibly exempt from disclosure pursuant to 1-l9(b)(2), G.S.
	11. It is also concluded that the Internal Revenue Service forms identified in 
paragraph 9j, above, are permissibly exempt from disclosure pursuant to 1-l9(b)(10), G.S.
	12. It is further concluded that the respondent's failure to provide the following 
records to the complainant constitutes a violation of 1-l9(a), G.S.:
a. The handwritten notes identified in paragraph 8a, above;
b. The address information identified in paragraph 9b, above;
c. Gross income and any other payroll record information identified 
in paragraph 4c, above, excluding taxpayer withholding, deduction, 
exemption, or any other taxpayer information;
d. Any records of the respondent not already disclosed to the 
complainant that fall within the request identified in paragraph 4d, 
above; and
e. Any records prior to May 1990 responsive to the request identified 
in paragraph 4p, above.
	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 copies of those 
records identified in paragraphs 12a, b, c, and e of the findings, above.
	2. The respondent shall forthwith conduct a search of its records for those documents 
that fall within the description set forth in paragraph 4d of the findings, above and provide any 
such records found to the complainant.
	3. The respondent shall forthwith provide the complainant with any records it can secure 
from the supervisor prior to Wollenhaupt that fall within the description of paragraphs 9f, 9i, and 
91 of the findings, above.
	Approved by Order of the Freedom of Information Commission at its regular meeting of 
August 14, 1991.
______________________
Karen J. Haggett
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:
WILLIAM F. MCDONALD, ESQ.
1052 Enfield Street
Enfield, CT 06082
RICHARD T. BIGGAR, ESQ.
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105
ROBERT A. WHITEHEAD, JR., ESQ.
Assistant Attorney General
55 Elm Street
Hartford, CT 06106


______________________
Karen J. Haggett
Clerk of the Commission