FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Patrice Courtney, Fred Kunkle and Citizen Publications,

 

Complainant Docket #FIC86-22

 

against March 26, 1986

 

Chief Medical Examiner of the State of Connecticut,

 

Respondent

 

The above captioned matter was scheduled for hearing February 14, 1986, at which time the complainant appeared. Because the respondent did not appear, the matter was continued until March 5, 1986 at which time the parties appeared. The respondent presented evidence on her Motion to Dismiss.

 

After consideration of the entire record the following facts are found:

 

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

2. The complainants filed their complaint with the Commission January 28, 1986, alleging that the respondent violated the Freedom of Information Act when she denied access to an autopsy report.

 

3. Notice for the February 14, 1986 hearing was not received by the respondent until February 14, 1986.

 

4. An attorney, who called the Commission on behalf of the respondent, testified that he was told the February 14, 1986 hearing would not proceed.

 

5. The respondent moved to dismiss the case because the Commission had failed to schedule a hearing within the time limits required by 1-21i(b), G.S.

 

6. 1-2li(b), G.S. requires in relevant part that the Commission "shall, within twenty days after receipt of the notice of appeal, hear such appeal after due notice to the parties".

 

7. It is found under these facts that the Commission did not comply with the foregoing requirement of 1-21i(b), G.S.

 

Docket #FIC86-22 page 2

 

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 26, 1986.

 

Karen J. Haggett

Clerk of the Commission