FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Joseph Piorkowski,

 

Complainant

 

 

against

 Docket #FIC 2000-260

Records Division, Police Department, State of
Connecticut, University of Connecticut; and
Police Department, State of Connecticut,
University of Connecticut,

 

 

Respondents

August 23, 2000

 

 

 

 

            The above-captioned matter was heard as a contested case on July 18, 2000, 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.

 

            2.  It is found that, on or about May 12, 2000, the complainant requested that the respondents provide him with copies of any and all records related to an incident at the University of Connecticut on December 22, 1998, during which the complainant was arrested [hereinafter “the requested records”].

 

3.  It is found that the respondents denied the complainant copies of the requested records at the time of the request described in paragraph 2, above.

 

4.  Having been denied access to the requested records, by letter dated and filed on May 25, 2000, the complainant alleged that the respondents violated the Freedom of Information Act by failing to provide copies of such records. 

 

            5.   Section 1-210(a), G.S., provides in relevant part: 

 

"[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly…"

 

            6.   It is found that the respondents provided copies of the requested records to the complainant on June 15, 2000. 

 

7.  At the hearing in this matter, the complainant contended that the requested records were not provided promptly, and that three affidavits, or statements from witnesses, were not provided to him.

 

8.  However, it is found that the respondents do not keep on file or maintain any records, including the affidavits or statements described in paragraph 7, above, which were not provided to the complainant on June 15, 2000.  It is therefore concluded that the respondents did not violate §1-210(a), G.S., by failing to provide the three affidavits, or statements from witnesses, described in paragraph 7, above, to the complainant.      

 

9.   It is also found that the provision of records as described in paragraph 6, above, one month after the request described in paragraph 2, above, was not prompt within the meaning of §1-210(a), G.S.   It is therefore concluded that the respondents violated the promptness provision of §1-210(a), G.S.    

 

 

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

 

1.  Henceforth, the respondents shall comply with the promptness provision of §1-210(a), G.S.  

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 23, 2000.

 

 

 

 

_________________________

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:

 

 

Joseph Piorkowski

91 Cole Lane

Kensington, CT  06037-2912

 

 

Records Division, Police Department, State of Connecticut, University of Connecticut; and Police Department, State of Connecticut, University of Connecticut

c/o Atty. Paul M. Shapiro and

Atty. Paul S. McCarthy

Assistant Attorneys General

605 Gilbert Road, Box U 1-77

Storrs, CT  06269-1177

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

 

FIC2000-260FD/mrb/08/25/00