FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Len Butler,

 

Complainant

 

against Docket #FIC 86-164

 

Connecticut State's Attorney, Judicial District of Waterbury,

 

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 relating to the State of Connecticut's prosecution of one Michael Denby in connection with the death of the complainant's brother.

 

2. By letter dated May 29, 1986 the respondent informed the complainant, with respect to the requested records, that "they are either nonexistent or this office does not have access to them if they are in existence."

 

3. Pursuant to 1-19c, G.S. the respondent is not deemed to be a public agency except in respect to its administrative functions.

 

4. It is found that records of the criminal prosecution of Mr. Denby would not relate to the administrative functions of the respondent.

 

5. It is concluded that with respect to the records requested the respondent is not a public agency within the meaning of 1-18a(a), G.S. and that the Commission, therefore, lacks jurisdiction over the complaint.

 

Docket #FIC 86-164 Page Two

 

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