FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Martin Lynch,

 

                                Complainant

 

                against                   Docket #FIC 96-67

 

Gerald Gore, Legislative and Administrative Assistant Advisor,

Legal Affairs Unit, State of Connecticut, Department of Public

Safety, Division of State Police, and Labor Relations Unit, State of

Connecticut, Department of Public Safety, Division of State Police,

 

                                Respondents                        July 10, 1996

 

                The above-captioned matter was heard as a contested case on April 18, 1996, at which time the complainant and the respondents appeared, and presented testimony, exhibits and argument on the complaint.  The case-caption has been changed to more correctly identify the respondents in this matter.

 

                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 of complaint dated February 23, 1996, and filed with this Commission on February 26, 1996, the complainant alleged non-compliance ("non-compliance complaint") with the Commission's final decision in Docket #FIC 95-33, Martin Lynch v. Labor Relations Unit, State of Connecticut, Department of Public Safety, Division of State Police ("FIC 95-33").

 

                3.             The Commission takes administrative notice of the record, decisions and case file in FIC 95-33.

 

                4.             It is found that with cover letter dated February 27, 1996, the respondents provided the complainant with the department's evidence procedure and training information records as directed in paragraph 2 of the order in FIC 95-33--four days after the complainant filed his non-compliance complaint.

 

Docket #FIC 96-67                                               Page 2

 

                5.             With respect to the trooper identification and calibration records ordered disclosed in paragraphs 3 through 5 of the order in FIC 95-33, the respondents claim that the portion of the speeding citation containing the trooper identification information, which is necessary in order to provide the radar device and calibration information, is not retained in their files.

 

                6.             Specifically, the respondents argue that only the front page of the speeding citation is retained in its files, while the front and back portions of the citation containing the identification and calibration information are sent to, and retained by the state's attorney's office.

 

                7.             Additionally, counsel for the respondents maintained that the respondents had no obligation to obtain the identification information from the state's attorney's office so that it could provide the calibration information, in order to comply with the Commission's order in FIC 95-33.

 

                8.             It is found that the respondents knew at the time of the first hearing on this matter that in order to provide the complainant with the radar device and calibration information it had to first obtain the trooper identification information from either the state's attorney's office, or the complainant if he still had his copy of the speeding citation.

 

                9.             It is found that the respondents failed to make the Commission aware of the facts set forth in paragraph 8 of the findings, above, and wilfully failed to ask either the state's attorney's office or the complainant for the relevant trooper identification information.

 

                10.           Given the facts in this case, it is found that the respondents have been ill-advised by counsel concerning their obligation to request from the state's attorney's office the information necessary to comply with the Commission's order in FIC 95-33.

 

                11.           It is found that the respondents have failed and refused to provide the complainant with the pertinent trooper identification and calibration records as ordered in FIC 95-33.

 

                12.           It is found that the respondents' failure to fully comply with the complainant's records request and this Commission's order in a timely manner are without reasonable grounds.

 

Docket #FIC 96-67                                               Page 3

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.             The respondents shall fully comply with the Commission's order in FIC 95-33 by providing the complainant with the record identifying the troopers who issued the citation and manned the radar device, and the calibration information for that radar device within seven days of the date of mailing the notice of final decision in this case.  Failure to do so shall result in the referral of this matter to the appropriate state's attorney for criminal prosecution under 1-21k(b), G.S.

 

                2.             Respondent Gore shall remit to this Commission, within thirty days of the date of notice of final decision in this case, a civil penalty pursuant to paragraph 6 of the order in FIC 95-33, in the amount of two hundred and fifty dollars ($250.00).

 

                3.             Finally, the Commission admonishes the respondents for their utter lack of accountability, care, concern and diligence in complying with the Freedom of Information Act and the Commission's order in FIC 95-33.  The respondents' actions in this case exemplify poor government.  By failing to take seriously the Commission's order in FIC 95-33, the respondents have continued to unnecessarily burden this Commission, and deprive other citizens of their opportunity to be heard.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 96-67                                               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:

Martin Lynch

80 Spicer Hill Road

Ledyard, CT 06339

 

Gerald Gore, Legislative and Administrative Assistant Advisor, Legal Affairs Unit, State of Connecticut, Department of Public Safety, Division of State Police, and Labor Relations Unit, State of Connecticut, Department of Public Safety, Division of State Police

c/o Sharon M. Hartley, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission