FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Allan W. Lyle, | |||
Complainants | |||
against | Docket #FIC 1998-160 | ||
Commissioner, State of
Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety, |
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Respondents | September 23, 1998 |
The above-captioned matter was heard as a contested case on August 3, 1998 at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-18a(1), G.S.
2. It is found that by letter dated January 7, 1998, the complainant requested that the respondents provide him with copies of all records relating to the investigation, arrest, arraignment or prosecution of the complainant.
3. It is found that by letter dated January 15, 1998, the respondents provided the complainant with copies of records responsive to his request.
4. By letter of complaint dated January 26, 1998 and filed with the Commission on February 4, 1998, the complainant alleged that the respondents violated the Freedom of Information Act by denying him a copy of all of the requested records.
5. It is found that with the exception of page three of a three page investigation report dated October 17, 1988 concerning case #Z-88-02060-2, the records provided to the complainant by the respondents and described in paragraph 3, above, are all the records that the respondents have that are responsive to the complainants request.
6. It is found that the missing page, described in paragraph 5, above, was not included with the records provided to the complainant, however, there was no evidence at the hearing in this matter that the respondents intended to deny the complainant a copy of missing page. The respondents provided the complainant with a copy of the missing page at the hearing.
7. It is concluded that the respondents did not violate §§1-15(a) and 1-19(a), G.S.
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 regular meeting of September 23, 1998.
_________________________ Melanie R. Balfour Acting Clerk of the Commission
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 W. Lyle c/o Joan D. Lyle 300 Tresser Blvd., Apt. 7-G Stamford, CT 069016
Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety c/o Atty. Robert B. Fiske III Assistant Attorney General 110 Sherman Street Hartford, CT 06105
__________________________ Melanie R. Balfour Acting Clerk of the Commission
FIC1998-160FD/mrb09251998