FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Allan Hemmings,

Complainant

against Docket #FIC 1996-077

Executive Director, State of Connecticut,

Office of Protection and Advocacy for

Persons With Disabilities,

Respondent November 20, 1996

The above-captioned matter was heard as a contested case on September 18, 1996, 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 February 15, 1996, the complainant requested that the respondent provide him with access to copies of records of any investigation conducted by her concerning the complainant’s allegations of abuse and misconduct occurring at Whiting Forensic Institute (hereinafter “requested records”).

3. It is found that by letter dated February 27, 1996, the respondent informed the complainant that no investigations were conducted and therefore no records requested exist.

4. Having failed to receive the requested records, the complainant by letter dated March 4, 1996 and filed on March 7, 1996, appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him copies of the requested records.

5. It is found that the respondent did not conduct any investigation concerning the complainant’s allegations of abuse and misconduct, described in paragraph 2, above.

Docket #FIC 1996-077 Page 2

6. It is found that the respondent does not maintain any records responsive to the complainants’ request, described in paragraph 2, above.

7. It is therefore concluded that the respondent did not violate §§1-19(a) and 1-15(a), G.S.

8. At the hearing into this matter, the respondent indicated that she maintains copies of numerous records generated by, and sent to her by the complainant, which records the complainant requested be returned to him, and the respondent agreed to do so.

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

1. The complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its special meeting of November 20, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1996-077 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:

Allan Hemmings

PO Box 70

Middletown, CT 06457

Executive Director, State of Connecticut, Office of Protection and Advocacy for

Persons With Disabilities

c/o Lawrence Berliner, Esq.

Office of Protection and Advocacy for

Persons with Disabilities

60 B Weston Street

Hartford, CT 06120-1551

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

FIC 1996-077/FD/eal/120496