FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
|In the Matter of a Complaint by||FINAL DECISION|
|George L. Bozzi, Jr.,|
|against||Docket #FIC 2006-549|
|Clyde McDonald, Field Operations Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care,|
|Respondent||April 11, 2007|
The above-captioned matter was heard as a contested case on March 6, 2007, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, the above-captioned matter was consolidated with docket #FIC 2006-548, George L. Bozzi, Jr. v. David Budlong, Executive Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; #FIC 2006-550, George L. Bozzi, Jr. v. Mark Buchanan, Clinical Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; #FIC 2006-551, George L. Bozzi, Jr. v. Richard Bush, Health Services Administrator, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care, Cheshire Correctional Complex; and #FIC 2006-552, George L. Bozzi, Jr. v. Karen Duffy Wallace, Executive Director, Labor Relations, Department of Human Resources, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care.
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 §1-200(1), G.S.
2. It is found that, by letter dated October 5, 2006, the complainant requested from the respondent copies of the following records:
a. “the record in which Mr. Bush, Dr. Buchanan, and/or Mr. McDonald forewarned [him] or notified [him], in advance of their preparation of [a] September 18, 2006 performance appraisal/service rating, that [his] ‘overall’ performance was ‘unsatisfactory’”
b. “the record in which [he] acknowledged receipt of the record referred to in the preceding [sentence].”
Hereinafter such records shall be referenced as the “requested records.”
3. It is found that, by letter dated October 5, 2006, the respondent informed the complainant that he had received the complainant’s request and that such request was forwarded to the office of Karen Duffy Wallace, University of Connecticut Health Center/Correctional Managed Health Care, Director of Labor Relations and Employment Services, who would provide a response to the complainant’s request.
4. By letter dated and filed October 23, 2006, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to provide copies of the requested records.
5. Section 1-200(5), G.S., provides:
“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
6. Section 1-210(a), G.S., states in relevant part:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to…receive a copy of such records in accordance with section 1-212.
7. Section 1-212(a), G.S., states in relevant part:
Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.
8. It is found that the respondent does not maintain the requested records. It is further found that such records never existed.
9. It is therefore concluded that the respondent did not violate §§1-210(a) and 1-212(a), G.S., as alleged in the complaint.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 11, 2007.
Petrea A. Jones
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:
Clyde McDonald, Field Operations Director,
State of Connecticut, University of Connecticut
Health Center, Correctional Managed Health Care
c/o Donald R. Green, Esq.
Assistant Attorney General
University of Connecticut Health Center
263 Farmington Avenue
Farmington, CT 06030-3803
Petrea A. Jones
Acting Clerk of the Commission