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 March 22, 1995

The above-captioned matter was re-opened on January 19, 1995, to consider whether the Commission should reverse or modify its final decision in Docket #FIC 94-243: Frederick F. Mickiewicz v. Robert J. Kupec, Warden, Somers Correctional Institution, State of Connecticut, Department of Correction. At that time, both the complainant and the respondent appeared, presented testimony, one exhibit 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. The Commission takes administrative notice of its findings and decisions in docket #sFIC 93-330 and 94-243: Frederick F. Mickiewicz v. Robert J. Kupec, Warden, Somers Correctional Institution, State of Connecticut, Department of Correction.

3. At the re-opened hearing, the respondent testified that he had previously told the complainant that the lost computer telephone records could not be retrieved by the respondent's computer system.

4. It is found that the respondent uses a SUMMA MAXX 10 UNIT computer system which has no disc back-up capability to save records.

5. It is found that the lost computer record containing the August 12, 1993 boiler room telephone calls, which the complainant seeks, cannot be retrieved by the respondent.

6. It is also found that existing Southern New England Telephone Company telephone records do not identify the

Docket #FIC 94-243 Page 2

extensions from which telephone calls are made within the respondent's department.

7. 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 Commission's decision and order in Docket #94-243 are modified to incorporate the above findings and conclusion.

2. The complaint is hereby dismissed.

3. The Commission notes that had the respondent or a representaive appeared at the original hearing in Docket #FIC 93-330, or the subsequent hearing in Docket #FIC 94-243, this matter could have been resolved in a more timely and cost efficient manner for this Commission and all parties concerned.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 22, 1995.

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