The above-captioned matter was heard as a contested case on December 12, 2011, at which time the complainant and the respondents appeared, stipulated to certain facts 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 et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).

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. By letter of complaint filed April 25, 2011, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his request for a public record.

3. It is found that, by letter dated March 23, 2011, the complainant requested from the respondents all of his “psychiatric/psychological diagnoses and evaluations, [and] … military records.”

4. 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.

5. 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 . . . or (3) receive a copy of such records in accordance with section 1-212.

6. Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

7. It is found none of the requested records are contained in the complainant’s master file at Osborn Correctional Institution (“Osborn”). It is further found that records of “psychiatric/psychological diagnoses and evaluations” would be contained in the complainant’s medical file, which is in the custody of the University of Connecticut Correctional Managed Health Care. However, the complainant is specifically interested in determining whether such records are also contained in his file at Osborn, which they are not.

8. It is therefore concluded that the respondents did not violate the FOI Act as alleged.

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 February 8,  2012.

__________________________
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:

William Connelly #189009
Osborn Correctional Institution
335 Bilton Road
P.O. Box 100
Somers, CT  06071-0100

Commissioner, State of Connecticut,
Department of Correction,
Osborn Correctional Institution;
335 Bilton Road
P.O. Box 100
Somers, CT  06071-0100

and

State of Connecticut,
Department of Correction
24 Wolcott Hill Road
Wethersfield, CT  06109

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission