FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Lamberto Lucarelli,
Complainant
against Docket #FIC 90-347
State of Connecticut, Department of Education and Chief, Office of Legal Affairs, State of Connecticut, Department of Education and State of Connecticut, Board of Higher Education,
Respondent August 28, 1991
The above-captioned matter was heard as a contested case on January 14, 1991 and February 4, 1991, at which times the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter addressed to the respondent State Department of Higher Education, and to the respondent State Board of Education, each on August 3, 1990, the complainant requested copies of all information concerning his affairs or himself in the possession of each agency.
3. It is found that the Office of Legal Affairs, State of Connecticut Department of Higher Education is not a proper party to the complaint because although it has provided legal representation for the respondent department, it was not the agency from whom the complainant requested records.
4. It is found that each of the respondent agencies conducted a search of their records and provided the complainant with copies of some correspondence.
5. It is found that neither of the respondent agencies
Docket #FIC 90-347 Page Two
could locate a copy of a complaint mailed by the complainant to the State Board of Education on or about July 9, 1987 concerning certain difficulties the complainant had with the University of Connecticut.
6. It is concluded that neither of the respondent agencies have a copy of the complaint mailed by the complainant on or about July 9, 1987.
7. It is further found that there was no evidence that proved that the records requested by the complainant had been wilfully destroyed or improperly disposed of.
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 August 28, 1991.
Karen J. Haggett
Clerk of the Commission
Docket #FIC90-347 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:
LAMBERTO LUCARELLI, 21 Howard Street Old Saybrook, CT 06475
RALPH E. URBAN, ESQ., Asst. Atty. Gen.
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105
Karen J. Haggett
Clerk of the Commission