The above-captioned matter was heard as a contested case on December 7, 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. By letter dated September 25, 1998, the complainant requested that the respondents provide her with a copy of an incident report prepared by the complainant regarding a compromised informant.

        3. By letter dated September 28, 1998, the respondents informed the complainant that the requested record could not be found, but that they would continue to search for such record so that it could be provided to the complainant.

        4. By letter filed with the Commission on October 9, 1998, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information ("FOI") Act by denying her a copy of the requested record.

        5. Based upon the record in this matter, it is found that the respondents made a good faith, thorough search for the requested record, and that it has been misplaced.

        6. It is further found that the respondents failed to keep and maintain the requested record within the meaning of § 1-19(a), G.S., and it is therefore concluded that the respondents violated such provision.

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

        1. If the record described in paragraph 2 of the findings, above, is located, the respondents are ordered to promptly provide the complainant with a copy of same free of charge.

        2. The complainant is advised that the Public Records Administrator for the State of Connecticut has jurisdiction over issues of records retention.

        Approved by Order of the Freedom of Information Commission at its regular meeting of February 24, 1999.

_________________________

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:

Ruth Ann Manson
229 Fan Hill Road
Monroe, CT 06468
Acting Chief, Police Department,
Town of Monroe; and Police
Department, Town of Monroe
c/o Acting Chief
Police Department Town of Monroe
7 Fan Hill Road
Monroe, CT 06468-1800
and c/o Police Department Town of Monroe
7 Fan Hill Road
Monroe, CT 06468-1800

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-315FD/mrb02251999