FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Judith Barton,  

Complainant

 

against

Docket #FIC 1996-311

Commissioner, State of Connecticut, Department of Administrative Services,  

Respondent

March 19, 1997

The above-captioned matter was heard as a contested case on December 20, 1996, at which time 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 1996-257, Judith Barton v. Commissioner, State of Connecticut, Department of Administrative Services and Commissioner, State of Connecticut, Department of Labor.

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 10, 1996, the complainant requested that the respondent provide her with the following:

a) the special inquiry, investigation, examination or installation performed by each durational project manager at the Department of Administrative Services ("DAS");

the written explanations of DAS of the need to hire each durational project manager on the DAS payroll;

applications for employment, resumes and cover letters for such resumes provided by each durational project manager that DAS hired; and

copies of the requests provided to DAS by each state agency showing the need to hire each durational project manager.

3. By letter dated August 4, 1996, and filed with the Commission on August 7, 1996, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by failing to respond to her July 10, 1996 requests.

4. It is found that shortly after her July 10 request, the complainant telephoned the respondent, and she was informed by the deputy commissioner that the records would be provided as soon as they were compiled and copied.

5. It is found that the respondent had compiled a packet of records consisting of seventy-two pages at a cost of $.25 per page.

6. It is found that as soon as the seventy-two pages were compiled and copied, the deputy commissioner mailed a letter to the complainant informing her that copies of the records were available to her at his office for a total cost of $43.00; however, the deputy commissioner received no further communications from the complainant after that time.

7. It is found that the letter identified in paragraph 6, above, was never received by the complainant, and that as soon as the respondent learned of the complaint in this matter, the respondent mailed the records to the complainant.

8. However, it is nonetheless concluded that the respondent failed to provide the complainant promptly with the requested records, in violation of 1-15(a) and 1-19(a), G.S.

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

Henceforth, the respondents shall strictly comply with the provisions of 1-15(a) and 1-19(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 19, 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:

Judith Barton
PO Box 476
Northford, CT 06472

Commissioner, State of Connecticut, Department of Administrative Services; and Commissioner, State of Connecticut, Department of Labor
c/o Thomas P. Clifford, III, Esq.
Assistant Attorney General
PO Box 120
Hartford, CT 06141-0120

_________________________
Elizabeth A. Leifert
Acting Clerk of the Commission
FIC1996-311/FD/eal/03251997