FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Vera S. Zima,
Complainant
against Docket #FIC 90-257
North Haven Police Department and State's Attorney, Judicial District of New Haven,
Respondents November 28, 1990
The above-captioned matter was heard as a contested case on August 10, 1990, at which time the complainant and the respondents appeared, and presented argument on the complaint. The case was consolidated with #FIC 90-154, Vera S. Zima v. Reports and Records Division, State of Connecticut, Department of Public Safety, Division of State Police, and #FIC 90-241, Vera S. Zima v. State's Attorney, Judicial District of New Haven; Forensic Science laboratory, State of Connecticut, Department of Public Safety, Division of State Police; and Chief of Police, Wallingford Police Department because of the similarity of their subject matters.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent police department is a public agency within the meaning of 1-18a(a), G.S.
2. The respondent state's attorney is not a public agency within the meaning of 1-18a(a), G.S.
3. It is concluded that the complaint against the respondent state's attorney should be dismissed for lack of jurisdiction.
4. By letter dated July 7, 1990 the complainant asked the respondent police department certain questions concerning Detective Joseph Depoto and case #86-04161.
5. By letter of complaint dated July 9, 1990 the complainant claimed that the respondent police department failed to respond to her request.
Docket #FIC 90-257 Page Two
6.It is found that there is no requirement under the Freedom of Information Act) that a public agency must answer questions posed by a member of the public.
7. It is concluded that the respondent has not violated any requirement of the Freedom of Information Act by declining to answer questions.
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 November 28, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-257 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:
VERA S. ZIMA
114 Lincoln Avenue
Forestville, CT 06010
NORTH HAVEN POLICE DEPARTMENT
c/o David A. Ryan, Jr., Esq.
Tyler, Cooper & Alcorn
205 Church Street
P.O. Box 1936
New Haven, CT 06510
STATE'S ATTORNEY, JUDICIAL DISTRICT OF NEW HAVEN
c/o Gary W. Nicholson, Esq.
Assistant State's Attorney
235 Church Street
New Haven, CT 06510
Tina C. Frappier
Acting Clerk of the Commission