FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Susan DeFrancesco,

 

                        Complainants

 

            against              Docket #FIC 93-178

 

State of Connecticut, Department of Environmental Protection,

 

                        Respondent                  December 8, 1993

 

            The above-captioned matter was heard as a contested case on October 4, 1993, 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.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.         It is found that by letter dated May 19, 1993 ("May request"), the complainant requested a copy of the following:

 

            (a) a list of persons owning illegal felines in Connecticut in the past five years,

 

            (b) a list of all cats placed with Elaine Burke of Future Promise Research Center,

 

            (c) records relating to the compensation received by Ms. Burke for boarding confiscated felines, and

 

            (d) any permits, contracts or agreements concerning boarding arrangements that the respondent made with Ms. Burke.

 

            3.         By letter of complaint dated and filed on June 22, 1993, the complainant appealed to this Commission alleging that she had not been provided with copies of requested records.

 

            4.         It is found that during June or July, 1993, the respondent provided the complainant with four pages of documents in response to her May request.

 

Docket #FIC 93-178                           Page 2

 

            5.         There is no dispute that the records at issue are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            6.         It is found that by letter dated August 23, 1993, the respondent informed the complainant that it had provided her with all records "in its files reflecting any of the requested information."

 

            7.         It is found that the respondent does not compensate Ms. Burke, and therefore the records identified in paragraph 2(c), above, do not exist.

 

            8.         It is found that with respect to the records identified in paragraph 2(d), above, the respondent has no contract or other agreement with Ms. Burke concerning any boarding arrangements with her other than the records that have already been provided to the complainant.

 

            9.         It is also found that the respondent neither maintains a list of illegal or confiscated felines for the last five years, nor a list of cats placed with Ms. Burke as described in paragraph 2(b), above. 

 

            10.       It is further found that additional information relating to the complainant's request for records identified in paragraphs 2(a) and 2(b), above, may exist.  However, it would be necessary to search through the respondent's files, including the records, reports and case files of its law enforcement division, to determine whether a feline was seized or turned in, and where it was placed, and if in fact it was boarded.

 

            11.       Connecticut's Freedom of Information Act neither requires a public agency to conduct research, nor to create a document where none exists.

 

            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.

 

            2.         The Commission suggests that in accordance with 1-15 and 1-19(a), G.S., the complainant use her right of access to the respondent's public records, including those records located in its law enforcement division, to conduct her own research to determine if additional information concerning confiscated or illegal felines exists as part of specific case file information or other documentation.

 

Docket #FIC 93-178                           Page 3

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 8, 1993.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-178                           Page 4

 

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:

Ms. Susan DeFrancesco

15 Bryson Avenue

Seymour, CT 06483

 

Mr. George Brys

Acting Director

Wildlife Division

Dept. of Environmental Protection

165 Capitol Avenue

Hartford, CT 06106

 

                                                                  

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission