FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-517
August 27, 1997

In the Matter of a Complaint by Robert Mack, Complainant
against
Personnel Officer, State of Connecticut, Department of Correction, and State of Connecticut, Department of Correction Respondents

The above-captioned matter was heard as a contested case on February 21, 1997, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. Docket #s FIC 1996-471, Robert Mack v. Personnel Director, State of Connecticut, Department of Correction and State of Connecticut, Department of Correction and FIC 1996-479, Robert Mack v. Personnel Director, State of Connecticut, Department of Correction and State of Connecticut, Department of Correction were consolidated with the above captioned-case for purpose of hearing.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

2. It is found that by letter dated August 30, 1996 the complainant requested that the respondent personnel officer provide him with access to several records including investigation reports, records of disciplinary action and phone records (hereinafter "requested records").

3. Having failed to receive the requested records the complainant appealed to the Commission by letter dated and filed on September 11, 1996.

4. It is found that approximately one month prior to the hearing on this matter, the respondent personnel officer provided the complainant with some of the requested records.

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

6. It is also found that the respondent personnel officer failed to provide the complainant with access to such records promptly, and therefore, violated 1-19(a), G.S.

7. The complainant further contends that the respondents have not provided him with investigation reports, records of disciplinary action and phone records, which he described as item number three in his August 30, 1996 letter of request.

8. At the hearing on this matter, counsel for the respondents indicated that there is some confusion in his mind as to what records the complainant has and has not received.

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

1. Forthwith, the respondent personnel officer shall meet with the complainant and ascertain which records if any, the complainant has not yet been provided access to. If there are any such records, the respondent personnel officer shall forthwith, provide the complainant with a copy of such records. If there are no records to which the complainant has not yet been provided access, the respondent personnel officer shall forthwith, provide the complainant with an affidavit attesting to the fact that all existing records responsive to the complainant’s August 30, 1996 request, item number three, have been provided to the complainant, and the date that such records were provided.

2. Henceforth, the respondents shall strictly comply with 1-19(a), G.S.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 27, 1997.

__________________________
Dolores E. Tarnowski
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:
Robert Mack
287 Elm Street B 16
Windsor Locks, CT. 06096

Personnel Officer, State of CT., Dept. of Correction; and State of CT., Dept. of Correction
c/o Lori Kolakowski
Prin. Personnel Officer
Dept. of Correction
24 Wolcott Hill Rd.
Wethersfield, CT. 06109

__________________________
Dolores E. Tarnowski
Clerk of the Commission
FIC1996-517/mes/09041997