FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
David Parian,  
  Complainant  
  against   Docket #FIC 2009-784
State of Connecticut, Department of Public
Health, Facility License & Investigation Section; and State of Connecticut, Department of Public Health, Facilities Investigation Section,
 
  Respondents June 23, 2010
       

 

            The above-captioned matter was heard as a contested case on May 5, 2010, at which time the complainant and respondents appeared, 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 respondents are public agencies within the meaning of 1-200(1), G.S.

 

2.      It is found that, by letter dated December 1, 2009, the complainant made a request to the respondents for “all records your office has in regards to the following file:  David Parian v. Midstate Medical Center…[including] all correspondence, including the start and end dates of the investigation, all consultant reports, the names and contact information for any such consultants and all reports prepared by the consultants.”

 

3.      It is found that, by letter dated December 7, 2009, the respondents acknowledged the complainant’s request, described in paragraph 2, above, stating:  “Please note that we have previously provided you with all releasable documents under the Freedom of Information Act regarding your request in previous responses.”

 

4.      By letter dated and filed on December 28, 2009, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with the request described in paragraph 2, above.

 

5.      Section 1-200(5), G.S., defines “public records or files” as:

 

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., provides in relevant part that: 

 

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 (1) inspect such records promptly during regular office or business hours . . . (3) receive a copy of such records in accordance with section 1-212.

 

7.      Section 1-212(a), G.S., provides in relevant part that “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 respondents maintain the records, described in paragraph 2, above, and that such records are public records and must be disclosed in accordance with 1-200(5), 1-210(a) and 1-212(a), G.S., unless they are exempt from disclosure.

 

9.      It is found that the complainant has made numerous requests to the respondents and/or the Department of Public Health, for various records, and for the records described in paragraph 2, above, dating back to approximately 2005.  It is found that the respondents provided the complainant with all records responsive to the request, described in paragraph 2, above, in 2007.  It is also found that the complainant has, since 2007, requested these identical records from the respondents four times, in addition to the December 1, 2009 request, described in paragraph 2, above.

 

10.   It is concluded, based upon the facts and circumstances of this case, that the respondents did not violate the FOI Act 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 hereby dismissed.

 

                                                                                   

                                               

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 23, 2010.

 

 

____________________________

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:

 

David Parian

90 Trumbull Street

Meriden, CT 06451

and

c/o James A. Cuddy, Esq.

Volman Law

1 Trap Falls Road, Suite 901

Shelton, CT 06484

 

State of Connecticut, Department of Public

Health, Facility License & Investigation Section; and State of Connecticut, Department

of Public Health, Facilities Investigation Section

c/o Tanya F. DeMattia, Esq.

Assistant Attorney General

55 Elm Street

PO Box 120

Hartford, CT 06141-0120

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2009-784FD/paj/6/28/2010