FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on September 23, 2008, at which time the complainant and the respondents appeared 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, by letter dated May 22, 2008, the complainant made a request to the respondents for copies of “all complaints that were denied from January 2006 until May 2008,” including “the original complaint, the Marshals [sic] response, and the reply to that response from the complainant if so provided.”

 

3.  It is found that, by letter dated May 30, 2008, the respondents denied the complainant’s request for the records described in paragraph 2, above, stating that “unless probable cause of misconduct is found on a file, the only public document available is the final dismissal letters,” and also citing “§1-210(2), G.S.” [sic].

 

4.  By letter of complaint dated June 4, 2008, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (FOI) Act by failing to comply with the request described in paragraph 2, above.

 

5.      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 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

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 . . . (3) receive a copy of such records in accordance with 1-212.

 

7.  Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

 

8.  It is found that, to the extent that the respondents maintain the records described in paragraph 2, above, such records are public records and must be disclosed in accordance with §§1-200(5), 1-210(a) and 1-212(a), G.S., unless they are exempt from disclosure. 

 

9.  It is found that, on September 22, 2008, the respondents provided the complainant with copies of 140 complaints, which consisted of approximately 1500 pages of records.  It is found that such records constitute all the records maintained by the respondents that are responsive to the request described in paragraph 2, above.  At the hearing in this matter, the respondents acknowledged that there was no applicable exemption in, or exception to, the FOI Act for the requested records, and that its May 30, 2008 denial of the request for copies of such records, described in paragraph 3, above, was in error.

 

10.  It is therefore concluded that the respondents violated §§1-210(a) and 1-212(a), G.S., 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.  Henceforth, the respondents shall strictly comply with the disclosure provisions of the FOI Act.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting

of November 12, 2008.

 

 

____________________________

S. Wilson

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:

 

Rick Morneau

399 Main Street

Portland, CT 06480

 

Chairman, State of Connecticut,

State Marshal Commission; and

State of Connecticut,

State Marshal Commission

c/o Henri Alexandre, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-385FD/sw/11/20/2008