FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Frederick F. Mickiewicz,

 

                                Complainant

 

                against                   Docket #FIC 94-243

 

Robert J. Kupec, Warden, Somers Correctional Institution, State

of Connecticut, Department of Correction,

 

                                Respondent                          October 12, 1994

 

                The above-captioned matter was heard as a contested case on August 18, 1994, at which time only the complainant appeared, 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.  By letter of complaint dated July 13, 1994 and filed with the Commission on July 22, 1994, the complainant alleged that the respondent had failed to comply with the Commission's June 8, 1994 order in contested case docket #FIC 93-330, Frederick F. Mickiewicz v. Warden, Somers Correctional Institution, State of Connecticut, Department of Correction ("docket #FIC 93-330"), requiring the respondent to provide the complainant with a copy of the respondent's department boiler room phone bill for August 12, 1993.

 

                3.  The Commission takes administrative notice of its findings and decision in docket #FIC 93-330.

 

                4.  In docket #FIC 93-330, the Commission ordered the respondent to:

 

                                ...forthwith provide the complainant with a copy of the requested record.  If such record is not in the respondent's possession, he shall immediately request a copy and provide the complainant with such copy.  If the requested record does not exist, the respondent shall submit an affidavit to the complainant stating that such record does not exist.

 

Docket #FIC 94-243                                              Page 2

 

                5.  It is found that subsequent to the Commission issuing its order in docket #FIC 93-330, the respondent provided the complainant with a notarized letter stating that the requested phone bill could not be provided as all computer-stored records for the month of August 1993 had been lost.

 

                6.  It is found that the respondent's assertion that the computer-stored records were lost is based on the representations of Betty Ann McCloskey, a telecommunications specialist, that necessary repairs to the respondent's computer system caused all records stored in memory to be lost.

 

                7.  It is found that the respondent's letter described in paragraph 5, above, complies with the Commission's order in docket #FIC 93-330.

 

                8.  Consequently, it is concluded that the respondent did not violate the Commission's order in docket #FIC 93-330.

 

                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 special meeting of October 12, 1994.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-243                                                 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:

FREDERICK F. MICKIEWICZ

54 Tioga Street

Springfield, MA 01128

 

ROBERT J. KUPEC, WARDEN, SOMERS CORRECTIONAL INSTITUTION, STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION

c/o Sharon Hartley, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission