FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Cecilio DeLeon,

Complainant

against Docket

Hartford Police Department,

Respondent August 11, 1993

The above-captioned matter was heard as a contested case on May 28, 1993, at which time the complainant, through his purported representative, Sherri Tanquay, failed to appear to prosecute the complaint. However, the respondent appeared 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. 2. By letter of complaint dated March 12, 1993, and filed with the Commission on March 17, 1993, the complainant alleged that the respondent failed to fully comply with paragraphs one and two of the order in the Commission's final decision in Docket #FIC 92-85, Cesilio [sic] Deleon v. Hartford Police Department, (hereinafter "#FIC 92-85"). Specifically, the complainant alleged that the respondent failed to provide copies of "21 photographic negatives" pertaining to case file #80-59691.

3. The Commission takes administrative notice of the case file, administrative record and decisions in its contested case #FIC 92-85.

4. It is found that in late September or early October, 1992, the respondent incurred the cost of having photographs reproduced from twenty-one (21) slides found in files pertaining to case file #80-59691.

Docket #FIC 93-68 Page 2

5. It is found that in late September or early October 1992, the respondent and the complainant's representative arranged for the respondent to hand deliver the photographs to the complainant's representative at her residence.

6. It is found that the complainant's representative failed to meet the respondent's representatives at her residence at the mutually agreed upon date and time. However, the photographs were left in a secured area of the complainant's representative's residence.

7. It is found that the respondent has fully complied with the Commission's order in #FIC 92-85.

8. It is therefore found that the complainant has taken this appeal to the Commission frivolously and without reasonable grounds.

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 with prejudice.

2. The Commission deplores the waste of state and local resources precipitated by the complainant's representative's failure to notify the Commission of her intention not to proceed with the administrative hearing on the complaint. The Commission condemns the deliberate and inexcusable conduct of Ms. Tanguay in this regard.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 11, 1993.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 93-68 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:

Cecilio DeLeon

c/o Sherrie Tanguay

P. O. Box 9266

Wethersfield, CT 06109

Hartford Police Department

c/o Atty. Evans Jacobs, Jr., Asst. Corp. Counsel

550 Main Street

Hartford, CT 06103

Debra L. Rembowski

Acting Clerk of the Commission