FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Joseph Caprio,

Complainant

against Docket #FIC 87-375

State of Connecticut Department of Public Safety, Division of State Police,

Respondent July 27, 1988

The above-captioned matter was heard as a contested case on February 1, 1988, at which time the parties appeared and presented evidence and argument on the complaint.

After consideration of the entire record, the following facts are found:

1. The respondent is a public agency within the meaning of §1-18a(a), G.S.

2. On December 4, 1987, the complainant requested all records of the respondent concerning a specific state building inspector.

3. On December 14, 1988, a copy of the letter of request was mailed to the Freedom of Information Commission with a notation listed on it indicating "no response."

4. It is found that the December 14, 1988 copy of the letter of request is a notice of appeal within the meaning of §1-21i(b), G.S.

5. It is found that the respondent has provided the complainant with all the records which they have concerning the specific building inspector.

6. The respondent requested that the Commission determine pursuant to Public Act 87-526(b) that the appeal was brought frivolously, without reasonable grounds and principally to harass it.

7. It is found that, on January 13, 1988, this Commission dismissed an appeal of the complainant, Docket #FIC 87-278, which raised the same issue as he has raised in this case.

8. It is concluded, therefore, that the complaint in this matter was brought frivolously, without reasonable grounds and principally to harass the respondent.

Docket #FIC 87-375 page two

The following order by the Commision is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed.

Approved by order of the Freedom of Information Commission at its special meeting of July 27, 1988.

Catherine H. Lynch

Acting Clerk of the Commission