FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-515
August 13, 1997

In the Matter of a Complaint by Thomas P. Lally, Complainant
against
Bruce Moorash, Counselor Supervisor, Northeast Correctional Center, State of Connecticut, Department of Correction, Respondent

The above-captioned matter was heard as a contested case on February 13, 1997, 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. It is found that by letter dated August 19, 1996, the complainant requested that the respondent provide him with copies of academic credential records of the respondent pertaining to the respondent’s promotion to his current position of Counselor Supervisor. Specifically, the complainant requested copies of the following records (hereinafter "requested records"):

a. all academic credentials provided by the respondent for consideration, including, transcripts and/or certificates;

b. all applications; and

c. the notification received indicating that the respondent had been selected as the Counselor Supervisor.

2. It is found that by letter dated August 29, 1996, the respondent denied the request claiming that he is not a public agency.

3. Having failed to receive copies of the requested records, the complainant, by letter filed with the Commission on September 5, 1996 alleged that the respondent

Docket #FIC 1996-515 Page 2

violated the Freedom of Information Act by denying him copies of the requested records.

4. At the hearing on this matter, the respondent provided the complainant with records responsive to the complainant’s request and at that time conceded that he is a public agency within the meaning of 1-18a(a), G.S.

5. It is found that the records provided to the complainant and described in paragraph 4 of the findings above, are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

6. It is also found that the respondent failed to provide the complainant with copies of the requested records promptly.

7. Consequently, it is concluded that the respondent violated 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:

Forthwith, the respondent shall provide any outstanding records to the complainant responsive to the complainant’s request described in paragraph 1 of the findings, above, and submit an affidavit to the complainant that all existing records have been provided.

Henceforth, the respondent 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 August 13, 1997.

__________________________
Doris V. Luetjen
Acting Clerk of the Commission

Docket #FIC1996-515 Page 3

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:
Thomas P. Lally
P.O. Box 674
Storrs, CT 06268

Bruce Moorash, Counselor Supervisor, Northeast Correctional Center, State of Connecticut, Department of Correction
c/o Asst. Atty. Gen. Sharon Hartley
110 Sherman Street
Hartford, CT 06105

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
fic1996-515/FD/tcg/08221997