FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Demetrius P.
Traggis,
Complainant
against Docket #FIC 90-479
Chief State's
Attorney, State of Connecticut, Division of Criminal Justice,
Respondent May 8, 1991
The above-captioned matter was
heard as a contested case on March 21, 1991, 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. On December 1, 1990, the complainant requested from the
respondent a copy of the respondent's investigative file concerning his
complaint about the Hamden Police Department's handling of his daughter's fatal
accident which occurred on December 22, 1981.
2. On or about December 4, 1990, the respondent responded to the
complainant's request and indicated that the requested information was not
subject to disclosure pursuant to 1-19c, G.S.
3. By letter of complaint dated December 10, 1990 and filed December
12, 1990, the complainant appealed the respondent's denial of the requested
records to the Commission.
4. Section 1-19c, G.S., provides in part: "the Division of
Criminal Justice shall not be deemed to be a public agency except in respect to
its administrative functions."
5. It is found that the records requested by the complainant are
records of an investigation conducted by the respondent and do not constitute
records pertaining to its administrative functions within the meaning of
1-19c, G.S.
Docket #FIC
90-479 Page
2
6. It is concluded therefore, that with respect to the records
sought by the complainant, the Chief State's Attorney's Office is not subject
to the Freedom of Information Act and that the complaint should be dismissed
for lack of jurisdiction.
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 May 8,
1991.
Tina
C. Frappier
Acting
Clerk of the Commission
Docket #FIC
90-479 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:
DEMETRIUS
TRAGGIS
126 Sleeping
Giant Drive
Hamden, CT 06518
CHIEF STATE'S
ATTORNEY, STATE OF CONNECTICUT, DIVISION OF CRIMINAL JUSTICE
c/o Mary Lesser,
Esq.
Leah Hawley,
Esq.
Assistant
State's Attorney
Office of the
Chief State's Attorney
340 Quinnipiac
Street
Wallingford, CT
06492
Tina
C. Frappier
Acting
Clerk of the Commission