FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on January 26, 2010, at which time the complainant and respondents appeared 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 with this Commission on September 21, 2009, the complainant alleged non-compliance with the Commission's final decision in Docket #FIC 2008-393.

 

3.      The Commission takes administrative notice of the record and final decision in Docket #FIC 2008-393; Johnny Mahoney v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport.   It is found that the respondents failed to appear at the contested case hearing of Docket #FIC 2008-393. 

 

4.      It is found that the Commission’s Final Decision in Docket #FIC 2008-393 ordered the respondents to provide, free of charge, all copies of the records that the complainant requested concerning a September 18, 1997 incident with the Bridgeport Police Department in which the complainant was shot.  It is found that the complainant’s request included copies of pictures, incident reports, supplemental reports, warrant affidavits, copies of warrants, ballistic and forensic evidence, and all dispatcher transcripts of September 18, 1997. 

 

5.      It is found that the respondents have failed to provide the complainant with the records at issue in Docket #FIC 2008-393, in violation of the Commission’s order in that case.

 

6.      Following the hearing in this matter, the respondents’ counsel submitted an affidavit, averring that the respondents do not maintain the records at issue in Docket #FIC 2008-393.  Respondents’ counsel averred that the underlying incident in 1997 that generated the records requested by the complainant was investigated by Troop G of the State Police of Connecticut. 

 

7.      It is found that the respondents do not maintain the records requested by the complainant.

 

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 August 11, 2010.

 

 

__________________________

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:

 

Johnny Mahoney, #252954

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT 06080

 

Chief, Police Department, City of

Bridgeport; and Police Department,

City of Bridgeport

c/o Melanie J. Howlett, Esq.

Associate City Attorney

Office of the City Attorney

999 Broad Street, 2^nd Floor

Bridgeport, CT 06604

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

FIC/2009-558FD/paj/8/16/2010