FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Steven Edelman,

 

 

Complainants

 

 

against

 

Docket #FIC 1999-320

Christopher Laux, Building Inspector, State of Connecticut,
Department of Public Safety; Division of Fire, Emergency and
Building Services; State of Connecticut, Department of Public
Safety; Division of Fire, Emergency and Building Services;
Christopher Arciero, Sergeant, State of Connecticut,
Department of Public Safety; and State of Connecticut,
Department of Public Safety,

 

 

Respondents

December 8, 1999

The above-captioned matter was heard as a contested case on September 9, 1999 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 §1-200(1), G.S., (formerly (§1-18a(1), G.S.).

 

2.  It is found that by letter dated June 14, 1999, the complainant requested that the respondent building inspector provide him with access to inspect certain records pertaining to forcible entry upon private property, search warrants, Miranda warnings and arrest procedures.

 

3.  It is found by letter dated July 2, 1999, the respondent sergeant informed the complainant that “the information regarding your FOI request dated June 14, 1999 is available for your inspection and examination.  Please contact me to set up a mutually agreeable time to review the records.”

 

4.  The complainant, by letter of complaint filed with the Commission on July 8, 1999, appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying him access to inspect the requested records.  The complainant requested that civil penalties be imposed upon the respondents.

 

5.  It is found that the complainant visited the respondents’ offices on August 4 and September 9, 1999 and reviewed certain records made available to him by the respondents.

 

6.  The complainant contends that the records he reviewed, described in paragraph 5, above, are incomplete, because such records suggest the possible existence of other records.  For example the records reviewed make reference to a certification program, a seminar and information on arrests.  The complainant contends that all records pertaining to any such references should have been provided to him by the respondents in response to his records request.

 

7.  It is found that the respondents have made a good faith effort to identify, locate and retrieve identifiable records that are responsive to the complainant’s request, and the complainant has been given access to those records.

 

8.  It is further found that the complainant is free to make additional records requests to the respondents for specific records.

 

9.  Under the facts and circumstances of this case, it is concluded that the respondents did not violate the FOI Act as alleged in the complaint.

 

 

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

December 8, 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:

 

 

Steven Edelman

Frog Pond

Windham Center, CT  06280

 

Christopher Laux, Building Inspector, State of Connecticut, Department of Public Safety; Division of Fire, Emergency and Building Services; State of Connecticut, Department of Public Safety; Division of Fire, Emergency and Building Services; Christopher Arciero, Sergeant, 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

 

 

FIC1999-320/FD/mrb/ 12/20/1999