FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-261
January 22, 1997
In the Matter of a Complaint by Melvin Alberts, Complainant
against
Bureau of Rehabilitation Services, State of Connecticut, Department of Social Services, Respondent

The above-captioned matter was heard as a contested case on November 26, 1996, 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. It is found that on June 10 and 15, 1996, the complainant requested that the respondent provide him with statistics regarding the success rate of individuals educated through the respondent’s services (hereinafter "statistics").

3. It is also found that on March 29 and June 19, 1996 the complainant requested that the respondent provide him with a copy of the respondent’s Self Evaluation and Transition Plan (hereinafter "plan"), prepared pursuant to the American with Disabilities Act ("ADA").

4. By letter dated June 25, 1996 and filed with the Commission on June 26, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him a copy of the requested statistics and plan.

5. It is found that the respondent does not maintain the statistics in the format requested and informed the complainant of this by letter dated June 14, 1996.

6. It is found that the respondent maintains a plan and provided the complainant with a copy by letter dated May 17, 1996.

7. The complainant acknowledges receipt of the plan, described in paragraph 6 of the findings, above, however, he contends that such plan does not comply with ADA requirements.

8. It is concluded that the issue of whether the plan complies with ADA requirements or not is not a matter over which this Commission has jurisdiction.

9. It is further concluded that the respondent did not violate 1-15(a) and 1-19(a), G.S., as it has provided the complainant with the records it maintains that are responsive to the complainant’s requests.

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.

Approved by Order of the Freedom of Information Commission at its regular meeting of January 22, 1997.

__________________________
Elizabeth A. Leifert
Acting 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:

Melvin Alberts
965 Elms Common Drive
Rocky Hill, CT 06067-1818

Bureau of Rehabilitation Services, State of Connecticut, Department of Social Services
c/o Nyle K. Davey, Esq.
Assistant Attorney General
P.O. Box 120
Hartford, CT 06141-0120

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-261/FD/eal/01291997