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FREEDOM OF INFORMATION COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Scot
M. Silverstein, |
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Complainants |
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against |
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Docket
#FIC 1999-090 |
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Statewide Bar Counsel,
State of Connecticut, Judicial
Branch, Statewide Grievance
Committee; and State of Connecticut,
Judicial Branch, Statewide
Grievance Committee, |
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Respondents |
October
27, 1999 |
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The above-captioned matter was heard as a contested
case on April 29, 1999, 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. By letter dated February 26, 1999 and filed on March 1, 1999 the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his request of January 21, 1999 wherein he requested a copy of all documents pertaining to the grievance he filed with the respondents regarding the unauthorized practice of law by Susan Sawyer (hereinafter “grievance”).
2. Section 1-200(1), G.S. [formerly §1-18a(1), G.S.], provides in relevant part that:
“[p]ublic agency” or “agency” . . . includes any judicial office, official or body or committee thereof but only in respect to its or their administrative functions.”
3. It is found that the respondents are judicial offices of the State of Connecticut within the meaning of §1-200(1), G.S. [formerly 1-18a(1), G.S.] and are therefore public agencies only in respect to their administrative functions.
4. It is found that the investigation conducted and the subsequent agreement reached by the respondents with Ms. Sawyer was an adjudicative function of the respondents and not an administrative function within the meaning of §1-200(1), G.S. [formerly §1-18a(1), G.S.].
5. It is concluded therefore that the Commission lacks jurisdiction over the respondents in this case, because the records requested do not pertain to an administrative function of the respondents.
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
October 27, 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:
Scot M. Silverstein
1902 New Market Court
West Chester, PA 19382
Statewide Bar Counsel, State
of
Connecticut, Judicial
Branch,
Statewide Grievance
Committee;
and State of Connecticut,
Judicial
Branch, Statewide Grievance
Committee
c/o Martin R. Libbin, Esq.
Court Operations Division
100 Washington Street, P.O. Box 150474
Hartford, CT. 06115-0474
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-090/FD/mes/1102999