Final Decision FIC2015-112
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In the Matter of a Complaint by |
FINAL DECISION | |
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Kacey Lewis,
Complainant |
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against
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Docket #FIC 2015-112 | |
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Commissioner, State of Connecticut,
Department of Correction; and State of Connecticut, Department of Correction, Respondents |
November 18, 2015 |
The above-captioned matter was heard as a contested case on October 1, 2015, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint. The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction. See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). The above-captioned matter was consolidated for purposes of hearing with Docket #FIC 2014-915, Kacey Lewis v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction.
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 January 6, 2015, and received by the respondents on January 13, 2015, the complainant made a request to the respondents to review and inspect certain records, including emails, pertaining to a sexual harassment report and a sexual harassment retaliation report he submitted to the respondent department.
3. It is found that, by letter dated January 16, 2015, the respondents acknowledged the request, described in paragraph 2, above.
4. By letter dated February 4, 2015, and filed with the Commission on February 11, 2015, 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. The complainant requested the imposition of a civil penalty against the respondents.
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 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 . . . .
7. It is found that, on January 21, 2015, the respondent department’s FOI Administrator, Counselor Supervisor Craig Washington (“Washington”), forwarded the request, described in paragraph 2, above, to the McDougall-Walker Correctional Institution (“McDougall”), where any responsive records would be maintained.
8. It is found that, on or about May 15, 2015, Washington received records responsive to such request back from McDougall, and by letter dated May 15, 2015, informed the complainant that the requested records were available and “will be provided upon receipt of payment.”
9. It is found that Washington sent the letter, described in paragraph 8, above, in error, based upon his misreading of the complainant’s request as one for copies of the records, rather than for inspection of such copies.
10. It is found that, once Washington became aware of his error, on or about August 19, 2015, he arranged for the complainant to view the records, described in paragraph 2, above. It is found that the complainant viewed such records on August 31, 2015.
11. The complainant contended that the respondents failed to promptly comply with his request to view the records, described in paragraph 2, above, as required by the FOI Act, and further questioned whether the respondents had provided the responsive emails for his inspection.
12. It is found that the respondents provided the complainant with an opportunity to inspect all of the records maintained by the respondents that are responsive to the request, described in paragraph 2, above.
13. However, it is also found that the respondents offered no evidence regarding the reason for the four month delay in providing the responsive records to Washington for the complainant’s inspection.
14. It is found, therefore, that the respondents failed to promptly comply with the request, described in paragraph 2, above.
15. Accordingly, it is concluded that the respondents violated the promptness provisions in §1-210(a), G.S.
16. Based upon the facts and circumstances of this case, the Commission declines to consider the complainant’s request for a civil penalty.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondents shall strictly comply with the promptness requirement in §1-210(a), G.S.
1. Henceforth, the respondents shall strictly comply with the promptness requirement in §1-210(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 18, 2015.
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Cynthia A. Cannata
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:
Kacey Lewis #165480
Cheshire Correctional Institution
900 Highland Avenue
Cheshire, CT 06410
Cheshire Correctional Institution
900 Highland Avenue
Cheshire, CT 06410
Commissioner, State of Connecticut, Department of Correction; and
State of Connecticut, Department of Correction
c/o James Neil, Esq.
24 Wolcott Hill Road
Wethersfield, CT 06109
State of Connecticut, Department of Correction
c/o James Neil, Esq.
24 Wolcott Hill Road
Wethersfield, CT 06109
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2015-112/FD/cac/11/18/2015