FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on July 1, 2010, 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 dated March 2, 2010, the complainant made a request to the respondents for a copy of certain records identified as “records related to complaint #25849.”

 

3.         It is found that, by letter dated March 12, 2010, the respondents informed the complainant that he needed to provide more detailed information regarding the records he requested. 

 

4.         If is found that, by letter dated March 24, 2010, the complainant provided a more detailed request.

 

5.         By letter dated April 8, 2010 and filed on April 12, 2010, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with his records request.

 

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 . . . receive a copy of such records in accordance with section 1-212. 

 

8.      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.”

 

9.      It is found that the requested records are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

10.   It is found that all responsive records that were maintained by the respondents were compiled and prepared to be sent to the complainant without redactions or any claim of exemption to their disclosure.

 

11.   It is found that by letter dated May 12, 2010, the respondents delivered the records described in paragraph 10, above, to the complainant’s correctional facility by certified mail receipt.  It is found that the records were received and signed for by an individual named “Norton.”

 

12.   It is found that the respondents complied with the complainant’s request and it is concluded that they did not violate the FOI Act as alleged by the complainant.

 

13.   Notwithstanding the finding and conclusion in paragraph 12, above, the respondents agreed to forward another copy of the requested records to the complainant free of charge.

 

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 March 9, 2011.

 

__________________________

Cynthia A. Cannata

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:

 

Troy Mozell # 167180

Corrigan-Radgowski Correctional Center

986 Norwich-New London Tpke.

Uncasville, CT  06410

 

Stephanie Redding, Chief, Police Department, City of New Haven;

and Police Department, City of New Haven

c/o Kathleen Foster, Esq.

Office of the Corporation Counsel

City of New Haven

165 Church Street

New Haven, CT  06510

 

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-233/FD/cac/3/11/2011