FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by | FINAL DECISION | ||
Robert A. Cushman, | |||
Complainant | |||
against | Docket #FIC 2010-769 | ||
Commissioner, State of Connecticut, Department of Public Safety; and Department of Public Safety, |
|||
Respondents | September 28, 2011 | ||
The above-captioned matter was heard as a contested case on May 23 and July 18, 2011, at which times 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. By letter of complaint filed December 15, 2010, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with his request for records.
3. It is found that the complainant, in the course of his representation of a client, requested, by letter dated November 23, 2010, copies of all audio and video records, phone logs, and phone records created in connection with the arrest of his client for driving while intoxicated.
4. It is found that the respondents replied to the request on December 2, 2010, and on December 23, 2010 provided copies of certain records, including the Mobile Video Recording (“MVR”) made from the arresting trooper’s vehicle, and the dispatch audio recording.
5. It is found that the complainant did not receive copies of audio or video records made at the barracks to which his client was brought for booking, or copies of certain phone records, all of which the complainant believed might exist.
6. Thorough and convincing testimony, subject to extensive cross-examination, was presented at the hearings on this matter in support of the respondents’ position that no records were withheld from the complainant. That evidence established, to the satisfaction of the hearing officer, that the respondents have no further records responsive to the complainant’s request, notwithstanding that some of the evidence may reasonably have suggested to the complainant that additional records might exist.
7. It is therefore concluded that the 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 September 28, 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:
Robert A. Cushman
705 North Mountain Road
Newington, CT 06111
Commissioner, State of Connecticut, Department of Public Safety
and; State of Connecticut, Department of Public Safety
c/o Terrence M. O’Neill, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT 06105
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2010-769/FD/cac/9/28/2011