The above-captioned matter was heard as a contested case on May 10, 2013, at which time the complainant and the 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 September 10, 2012, the complainant requested from the respondents copies of “any authority allowing the [respondents] to collect at least a 45% commission on inmate calls….”

     3.  It is found that, by letter dated October 15, 2012, the respondents informed the complainant that they maintain no records responsive to the request described in paragraph 2, above.¹

     4.  By letter dated October 1, 2012, and filed October 11, 2012, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (FOI) Act by failing to comply with the request for records, described in paragraph 2, above. 

     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., 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 “[a]ny person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”

     8.  It is found that the records responsive to the request, described in paragraph 2, above, to the extent they exist, are public records, within the meaning of §§1-200(5) and 1-210(a), G.S.

     9.  It is found that, in response to a prior records request made by the complainant to the respondents, the respondents provided the complainant with copies of contracts and RFPs between the state Department of Administrative Services (“DAS”) and certain telecommunications providers.  It is further found that, pursuant to such agreements, the providers agreed to pay a commission to the state on inmate telephone calls.  At the hearing in this matter, the complainant stated that he is seeking any record of any authority, such as a state statute or regulation, that would authorize the state to collect this commission.

     10. The Commission takes administrative notice of the fact that DAS is responsible for entering into contracts on behalf of all state agencies for goods and services, such as telephone service.  At the hearing in this matter, the manager of procurement for DAS testified, credibly, and it is found, that DAS does not maintain records, other than the contracts previously provided to the complainant, referenced in paragraph 9, above, that are responsive to the request, described in paragraph 2, above.

     11. Based upon the foregoing, it is concluded 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 dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 2013.

__________________________
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:

David Taylor #272912
Osborn Correctional Institution
P.O. Box 100
Somers, CT  06071

Commissioner, State of Connecticut, Department of
Administrative Services, BEST Division; and State
of Connecticut, Department of Administrative
Services, BEST Division
c/o Jeffrey R. Beckham, Esq.
State of Connecticut,
Department of Administrative Services
165 Capitol Avenue
Hartford, CT  06106

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-562/FD/cac/7/10/2013