Agency racks up fines over backlog of FOIA requests

A Connecticut agency that includes the State Police is racking up violations and fines due to a nearly two-year backlog in responding to public information requests.

For the past few years, the state Department of Emergency Services and Public Protection’s backlog has generated a steady stream of complaints to the Freedom of Information Commission, which investigates whether the denial or delay of documents or information was reasonable.

“The approximately two-year wait is for simple requests, not even for those with exemptions that can be argued about,” said Colleen Murphy, executive director of the commission. “We’re ratcheting up our response with fines and finding the violation is without reasonable cause. The commission is hopeful that this will get some attention.”

In one recent case, the commission found DESPP in violation of state FOI laws, and threatened to issue a $ 100 fine if the requested documents weren’t turned over in two weeks.

“We understand the woes of that agency, we are all feeling the budget pinch, but from an FOI standpoint, when you haven’t even responded to some basic requests, the commission has been issuing some increasingly pointed decisions,” Murphy said.

“We understand the woes of that agency, we are all feeling the budget pinch...” Colleen Murphy, executive director of the Freedom of Information Commission

Scope of the problem

Over the past few years, the DESPP Legal Affairs Unit had been slowly reduced through attrition, said Chris McClure, spokesman for the state Office of Policy and Management.

“For much of 2018, they were down to one paralegal,” McClure said.

The assistant legal director for the state police also left, he said. But three paralegal and the assistant legal director positions have since been filled and there are additional attorneys in the unit, McClure said.

The Legal Affairs Unit receives the FOI requests and then seeks the information from the appropriate units within DESPP, including the state police Reports and Records Unit, another understaffed group that FOI hearing officers said has contributed to the backlog. The Legal Affairs Unit must review all information requested by the public for exemptions and redactions before the documents or recordings can be released.

McClure attributed some of the backlog to the increasing use of body cameras worn by troopers and dash cameras in cruisers, which are time consuming to review.

“If there is an FOI request, someone has to review it in its entirety and make changes” if there are redactions required, McClure said.

State agencies must submit requests to fill vacancies to the OMP and the state Department of Administrative Services for approval, McClure said.

At least four recent FOI decisions issued in favor of complainants refer to inadequate staffing within the Legal Affairs Unit and Reports and Records Unit as “systemic” problems causing the DESPP and state police to fail to comply “promptly with records requests as required under the Freedom of Information Act,” documents said.

Trooper Tanya Compagnone, a spokeswoman for the state police, confirmed the agency has an 18month backlog, which she said was created as people left or retired and were not replaced with the Reports and Records Unit. Two people were recently hired for the unit and another four are on the way, state officials said. “However, bear in mind that all have to be trained thoroughly before we begin to see a meaningful impact on the backlog,” she said.