Ravosa v. Freedom of Information Administrator, State of Connecticut, Department of Correction
The Freedom of Information Act does not require public agencies to create records in response to a request. Robert Ravosa appealed to the Freedom of Information Commission alleging that the Department of Correction and its freedom of information administrator violated the Freedom of Information Act by failing to provide him with requested records. The complainant requested a list of individuals promoted to the rank of correctional counselor supervisor and certain information including their names, dates of birth, gender and racial and ethnic backgrounds for a certain period. The FOIC found that no single document contained all of the information sought by the complainant. Although the FOIA does not require public agencies to created records in response to a request, the respondents created a list with the information requested except for birthdates. Age was provided in lieu of birthdates. At the hearing, the complainant testified that he wanted the dates of birth for those individuals listed on the record. However, he testified that he did not wish records from personnel files. The FOIC found that the dates of birth are contained in the personnel files of the individuals at issue. Based on the facts and circumstances, the FOIC found that the respondents did not violate the disclosure provisions of C.G.S. §1-210(a) and §1-212(a) and dismissed the complaint.