FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Henry E. Buermeyer,

 

Complainant

 

against Docket #FIC 88-344

 

Commanding Officer, Special Services Unit, State of Connecticut Department of Public Safety, Division of State Police,

 

Respondent January 11, 1989

 

The above-captioned matter was heard as a contested case on October 13, 1988, 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 and conclusions of law are reached.

 

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

 

2. By letter dated July 14, 1988 the complainant requested of the respondent copies of:

 

a. the most recent applications, including letters of reference, of nine businesses and/or individuals for state licenses as private detectives or detective agencies; and

 

b. all registration forms submitted by the above nine businesses and/or individuals for employment by them of agents or investigators.

 

3. By letter dated August 8, 1988, the complainant renewed the request described in paragraph 2 above.

 

4. By letter dated August 10, 1988 the respondent denied the complainant's request.

 

Docket #FIC 88-344 Page 2

 

5. By letter of complaint dated August 30, 1988 and received by the Commission on August 31, 1988, the complainant appealed the respondent's denial of his request.

 

6. At the hearing, the complainant limited the requests described in paragraph 2 above to such applications and forms received by the respondent in the past two years.

 

7. Also at the hearing, the respondent agreed to comply with the request described in paragraph 2a above, as limited by paragraph 6 above.

 

8. It is found that the records described in paragraph 2 above are public records within the meaning of 1-18a(d), G.S.

 

9. It is found that a printout of the agents and investigators registered by the nine businesses and/or individuals described in paragraph 2 above can be generated by the respondent's computer system without additional programming.

 

10. At the hearing, the complainant limited the request made in paragraph 2b above to the printout described in paragraph 9 above.

 

11. It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide promptly upon request the records described in paragraph 2 above

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1. The respondent shall forwith provide to the complainant a copy of the records described in paragraph 2a above and the printout described in paragraph 9 above.

 

2. The respondent shall henceforth act in strict compliance with 1-15 and 1-19(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of January 11, 1989.

 

 

Catherine H. Lynch

Acting Clerk of the Commission