FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
against Docket #FIC 94-25
Second Injury Fund, State of Connecticut, Office of the State Treasurer,
Respondent July 27, 1994
The above-captioned matter was heard as a contested case on May 6, 1994, 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 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 of complaint filed with this Commission on February 1, 1994, the complainant alleged that the respondent failed to comply with the order of this Commission in its December 8, 1993 final decision in contested case docket #FIC 93-224. The complainant also requested the imposition of civil penalties against the respondent.
3. It is found that the complainant hired an attorney to issue a subpoena to compel the presence at the above-referenced hearing of Donna Nappier, the director of the respondent who is directly responsible for the respondent's compliance with the order of this Commission in contested case docket #FIC 93-224.
4. It is also found that Ms. Nappier failed to appear at the above-referenced hearing on May 6, 1994, which failure was at the peril of the respondent's case in this matter.
5. This Commission takes administrative notice of the record and final decision in contested case docket #FIC 93-224.
6. It is found that the respondent provided to the complainant copies of the faces of non-endorsed checks, and the complainant still seeks two-sided copies of all endorsed checks.
7. The respondent claims that it would have to search
Docket #FIC 94-25 Page 2
"boxes and boxes" of cancelled checks that are stored off-site from Ms. Nappier's office (in Windsor and Hartford, Connecticut), and that by providing to the complainant face-copies of non-endorsed checks, it has "substantially" complied with this Commission's order in contested case docket #FIC 93-224.
8. It is found that at no time did the respondent notify the complainant that additional time was required to retrieve the endorsed checks from storage.
9. It is concluded that the respondent failed to comply with this Commission's order in contested case docket #FIC 93-224 to provide to the complainant copies of all cancelled checks.
10. It is also found that the respondent presented no evidence that records additional to the cancelled checks identified in paragraph 7, above, are not stored in locations away from Ms. Nappier's office. The Commission notes that this failure of proof could have been avoided had Ms. Nappier complied with the subpoena identified in paragraph 3, above.
11. The respondent also claimed that it was unable to explain why, if any pertinent records are not in Ms. Nappier's files, they are not there.
12. It is concluded that the respondent's failure to provide to the complainant copies of all records pertinent to the complainant's request in contested case docket #FIC 93-224 was without reasonable grounds.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. A civil penalty of $150.00 is levied against Donna Nappier, director of the respondent.
2. Within thirty days from the date of the final decision in this matter, the respondent shall provide, free of charge, a copy of all cancelled checks pertaining to the complainant's account, as well as any other records regarding the complainant that may be in storage at locations other than Ms. Nappier's office. Accompanying this submission to the complainant is to be a notarized affidavit signed by Ms. Nappier attesting to the fact that this submission includes all records regarding the complainant that are in storage.
Docket #FIC 94-25 Page 3
Approved by Order of the Freedom of Information Commission at its regular meeting of July 27, 1994.
Debra L. Rembowski
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:
100 Boatswains Way #504
Chelsea, MA 02150
SECOND INJURY FUND, STATE OF CONNECTICUT, OFFICE OF THE STATE TREASURER
c/o Brewster Blackall, Esq.
Assistant Attorney General
55 Elm Street
P.O. Box 120
Hartford, CT 06141-0120
Debra L. Rembowski
Clerk of the Commission