FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Nyron Dumas,  
  Complainant  
  against   Docket #FIC 2007-671

Commissioner, State of Connecticut,

Department of Public Safety,

Division of Scientific Services,

Forensic Science Laboratory;

State of Connecticut,

Department of Public Safety,

Division of Scientific Services,

Forensic Science Laboratory;

Chief, Police Department,

City of Bridgeport; and

Police Department, City of Bridgeport,

 
  Respondents November 12, 2008
       

           

The above-captioned matter was heard as a contested case on August 25, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See  Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

 

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.  By letter of complaint filed December 14, 2007, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide copies of public records.

 

3.  It is found that the complainant made requests to the respondents on November 22, 2007 for copies of certain records.

 

4.  Based upon the representations of counsel for the City of Bridgeport respondents that the City does not maintain the requested records, the complainant withdrew so much of his complaint as concerns the City.   

 

5.  It is found that the Forensic Science Laboratory assembled 67 pages of records in response to the request, and requested payment in the amount of $16.75.

 

6.  Section 1-200(5), G.S., provides:

 

    “Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

Except 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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

8.  Section 1-212(a)(1), G.S., provides in relevant part:

 

… The fee for any copy provided in accordance with the Freedom of Information Act:

 

    (1)  By an executive, administrative or legislative office of the state, a state agency or a department, institution, bureau, board, commission, authority or official of the state, including a committee of, or created by, such an office, agency, department, institution, bureau, board, commission, authority or official, and also including any judicial office, official or body or committee thereof but only in respect to its or their administrative functions, shall not exceed twenty-five cents per page ….

 

9.  Additionally, §1-212(d)(1), G.S., provides:  “The public agency shall waive any fee provided for in this section when: (1)  The person requesting the records is an indigent individual ….”

 

10.  The parties stipulated that the requested records are public records within the meaning of §§1-200(5) and 1-210(a), G.S.

 

11.  It is found that the complainant claimed that he was indigent and requested a waiver of fees from the State respondents.

 

12.  It is found that the Department of Public Safety waives fees if an individual’s expenses exceed his income and assets, and that the Department applies the same standard whether or not the individual is incarcerated.

 

13.  It is found that the complainant, in applying for a waiver of fees, represented that he had no income, no assets, and no liabilities at the time of his application.

 

14.  It is found, however, that the complainant had a balance of $11.69 in his inmate trust account at the time of his application for a waiver of fees; that the complainant’s trust account balance averaged above $50.00 in the three months preceding his application; and that the complainant had income of $200 since February 7, 2008.

 

15.  It is found that, because the complainant had not accurately represented his income and assets, and because the complainant’s actual income and assets did not exceed his stated liabilities, the Department denied his application for a waiver of fees.

 

16.  It is concluded that the State respondents did not violate the FOI Act as alleged.

 

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

 

1.  The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 12, 2008.

 

 

________________________________

Petrea A. Jones

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:

 

Nyron Dumas, #272001

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT 06080

 

Commissioner, State of Connecticut,

Department of Public Safety,

Division of Scientific Services,

Forensic Science Laboratory; and

State of Connecticut,

Department of Public Safety,

Division of Scientific Services,

Forensic Science Laboratory

c/o Henri Alexandre, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

Chief, Police Department,

City of Bridgeport; and

Police Department, City of Bridgeport

c/o Melanie J. Howlett, Esq.

Office of the City Attorney

999 Broad Street

Bridgeport, CT 06604-4328

 

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-671FD/paj/11/18/2008