FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Roberta Kanter,

Complainant

against Docket #FIC 90-339

State of Connecticut, State's Attorney's Office, Fairfield Judicial District,

Respondent March 13, 1991

The above-captioned matter was heard as a contested case on January 3, 1991, at which time the complainant and the respondent appeared and presented testimony and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. By letter filed with this Commission on September 13, 1990, the complainant alleged that the respondent violated the FOI Act by failing to supply her with all evidence it compiled against a Mrs. Mourkakos in compliance with her written requests dated August 15, 1990, September 1, 1990, and September 5, 1990.

2. At hearing the complainant claimed that she never received an official record of what happened to money stolen from her trust fund by a Mrs. Mourkakos.

3. At hearing, the respondent claimed that it provided the complainant with more information than she is entitled to by law including copies of checks and bank statements and documentation of respondent's inspector Nelson LaDue.

4. The respondent also claimed that the FOI Commission lacks jurisdiction over the respondent under the facts of this case pursuant to 1-19c, G.S.

5. It is concluded that the complainant seeks evidence from the respondent, which information concerns case files of the respondent and not information with respect to the respondent's administrative functions.

Docket #FIC 90-339 Page 2

6. It is concluded that pursuant to 1-19c, G.S., the FOI Commission lacks subject matter jurisdiction in this case.

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 March 13, 1991.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 90-339 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:

ROBERTA KANTER

109 Marconi Avenue

Bridgeport, CT 06606

STATE OF CONNECTICUT, STATE'S ATTORNEY'S OFFICE, FAIRFIELD JUDICIAL DISTRICT

c/o Robert A. Lacobelle, Esq.

State's Attorney's Office

1061 Main Street

Bridgeport, CT 06604

Tina C. Frappier

Acting Clerk of the Commission