FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Roger Pahl,
Complainant
against Docket #FIC 90-8
Reports and Records Division, State of
Connecticut Department of Public Safety, Division of State Police,
Respondent July 11, 1990
The
above-captioned matter was heard as a contested case on April 30, 1990, at
which time the complainant and the respondent appeared, stipulated to certain
facts 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. By letter dated December 28, 1989, the complainant
requested a certified copy of any police report written by Trooper Krause,
badge #985, with respect to a ticket issued in East Hartford, Connecticut by
Trooper Krause to the complainant on October 19, 1989.
3. By letter filed with this Commission on
January 8, 1990, the complainant appealed the respondent's denial of his
request by reason of a non-response.
4. The complainant claims that he first became
aware of the record identified in paragraph 2, above, when he saw a state's
attorney holding a piece of paper that appeared to contain a paragraph
concerning the events identified in paragraph 2, above, which record he now
seeks.
5. The complainant also claims that based upon
the paper he saw in the custody of the state's attorney, he believes that the
respondent has such a record.
6. It is found that the respondent made a
diligent search for a record as identified in paragraphs 2 and 4, above, but
was unable to locate such.
Docket #FIC 90-8 Page
2
7. It is also found that while a copy of the
infraction issued to the complainant was produced by the respondent, as a
matter of the respondent's policy, separate reports are not generally made on
such infractions.
8. It is concluded that the respondent is not
in possession of a record as described in paragraphs 2 and 4, above.
The
following order by the Commission 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 regular meeting of July 11, 1990.
Tina
C. Frappier
Acting
Clerk of the Commission
Docket #FIC 90-8 Page
3
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:
ROGER PAHL
5 Bassett Street, Apt. B1
West Haven, CT 06516
REPORTS AND RECORDS DIVISION, STATE OF
CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF STATE POLICE
c/o Margaret Quilter Chapple, Esquire
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105
Tina
C. Frappier
Acting
Clerk of the Commission