FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Len Butler,

 

Complainant

 

against Docket #FIC 86-161

 

State of Connecticut, Probation Office of the Second District,

 

Respondent November 18, 1986

 

The above-captioned matter was heard as a contested case on July 10, 1986, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire matter, the following facts are found:

 

1. By letter of complaint filed with the Commission on June 5, 1986 the complainant alleged that the respondent had denied him access to records concerning Michael Denby, who was sentenced on or about June 27, 1986 in connection with the death of the complainant's brother.

 

2. The respondent claims that the only records it would have concerning Mr. Denby would be presentence investigation reports, exempted from disclosure by Conn. Prac. Book 917. The respondent also claims that such records do not relate to its administrative functions as a judicial office of the state and that with respect to any such records the respondent is not a public agency as defined by 1-18a(a), G.S.

 

3. The respondent is an office within the judicial department, pursuant to 54-103a, G.S.

 

4. Presentence investigation reports are created pursuant to 54-91a, G.S. for use by the judiciary in connection with sentencing determinations. Such records relate, therefore, to a judicial, not an administrative function of the respondent.

 

5. It is concluded, with respect to presentence investigation reports, that the respondent is not a public agency within the meaning of 1-18a(a), G.S.

 

Docket #FIC 86-161 Page Two

 

 

6. It is further concluded that this Commission has no jurisdiction over the respondent with respect to the records requested.

 

7. Under the circumstances, the Commission does not need to address the alternate claim of exemption raised by the respondent.

 

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 for lack of jurisdiction.

 

Approved by order of the Freedom of Information Commission at its special meeting of November 18, 1986.

 

Karen J. Haggett

Clerk of the Commission