FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

David P. Getchell

 

Complainant

 

against Docket #FIC 85-232

 

The Connecticut State Police Department: Troops C and K of the Connecticut State Police and The Office of the Attorney General

 

Respondents March 20, 1986

 

The above captioned matter was heard as a contested case on February 14, 1986 at which time 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:

 

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

 

2. By letter dated August 22, 1985, the complainant made a written request of the respondents to release copies of any material, printed or recorded, that in any way referred to the complainant, his wife, children or business.

 

3. By letter dated October 11, 1985, the respondent attorney general denied the complainant's request.

 

4. From the denial of access to the requested records, the complainant appealed to the Commission by complaint filed on November 14, 1985.

 

5. At the hearing, the respondents made a motion to dismiss the complaint claiming the complainant did not file an appeal with the Commission within thirty days after his denial pursuant to 1-21i(b), G.S.

 

Dockket #FIC 85-232 Page 2

 

6. It is found that from the time of the complainant's request and the respondents' denial of access to the requested records, more than thirty days had elapsed before the complainant filed an appeal with the Commission.

 

7. It is therefore concluded that the Commission lacks jurisdiction to determine the complaint.

 

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 special meeting of March 20, 1986.

 

Catherine Hostetter

Acting Clerk of the Commission