FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Rose Fortuna,

 

                                Complainant

 

                against                   Docket #FIC 89-380

 

Middletown Police Department,

 

                                Respondent                          March 28, 1990

 

                The above-captioned matter was heard as a contested case on February 16, 1990, at which time the complainant and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

                2.             On September 18, 1989 by certified letter the complainant requested that the respondent answer certain questions and provide copies of certain records.

 

                3.             On October 13, 1989 the complainant mailed her appeal to the Commission alleging that the respondent failed to provide her with documents.

 

                4.             At hearing the respondent provided the complainant with a copy of a report on a complaint made on August 4, 1989, by Patrolman Anderson.

 

                5.             It is found that two of the complainant's requests for records on September 18, 1989 were requests for answers to questions in writing, rather than requests for copies of records.

 

                6.             It is found that nothing in the Freedom of Information Act requires a public agency to provide answers to questions in writing.

 

                7.             It is found that except for the record that was provided at hearing, the respondent has none of the other records requested by the complainant.

 

Docket #FIC 89-380                                             page two

 

                8.             It is found that on September 28, 1989 the complainant was informed by the then Sergeant Clayton that the report on her August 4, 1989 complaint was available from the Records Division of the Police Department.

 

                9.             It is found that on September 1, 1989, the Sergeant Clayton informed the complainant that he would be willing to discuss her complaint with her if she would contact him by phone.

 

                10.           It is found that the complainant never discussed the matter with Sergeant Clayton.

 

                11.           It is found that the complainant never attempted to pick up the report that she had requested.

 

                12.           It is found that the complainant has pursued her complaint in a manner calculated to harass the public agency from which she made her request for records.

 

                Based upon the record in the above captioned complaint the following order is hereby recommended.

 

                1.             The complaint is hereby dismissed.

 

                2.             The Commission urges the complainant to study 52-568, G.S..  If the complainant continues to file complaints that have the effect of harassing the public agencies from which she seeks copies of records, the Commission could find that she has filed her complaints (1)frivolously, (2) without reasonable grounds and (3) principally for the purpose of harassing the agency against which the appeal has been taken. Thus if her behaviour continues, the complainant may be subject to the sanctions set forth at 52-568, G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of March 28, 1990.

 

                                                                      

                                                Tina C. Frappier

                                                Acting Clerk of the Commission

 

Docket #FIC 89-380                                             page three

 

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:

ROSE FORTUNA

19 Cherry Street

Middletown, CT 06457

 

MIDDLETOWN POLICE DEPARTMENT

c/o Trina A. Solecki, Esq.

Middletown City Attorney

245 DeKoven Drive

P.O. Box 1300

Middletown, CT 06457

 

                                                                      

                                                Tina C. Frappier

                                                Acting Clerk of the Commission