In the Matter of a Complaint by FINAL DECISION


Michael F. Rizzuti,




against Docket #FIC 86-260


Judge Leonard Dorsey, Superior Court of the State of Connecticut, Judicial District of Waterbury,


Respondent December 10, 1986


The above-captioned matter was heard as a contested case on October 14, 1986, at which time the complainant and the respondent 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. By letter of complaint filed with the Commission on September 12, 1986 the complainant alleged that the respondent denied him access to letters sent on behalf of William C. Rado in connection with the respondent's sentencing of Mr. Rado.


2. At the hearing before the Commission, the respondent made a motion to dismiss the complaint on the basis that it is not deemed to be a public agency except with respect to its administrative functions pursuant to 1-18a(a), G.S.


3. It is found that the letters sent to the respondent on behalf of Mr. Rado do not relate to the administrative functions of the respondent.


4. 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 86-260 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 for lack of jurisdiction.


Approved by order of the Freedom of Information Commission at its regular meeting of December 10, 1986.


Karen J. Haggett

Clerk of the Commission