FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Frank J. Valutti,

 

Complainant

 

against Docket #FIC 89-65

 

Warden, Connecticut Correctional Institute at Somers,

 

Respondent September 13, 1989

 

The above-captioned matter was scheduled for hearing as a contested case on June 30, 1989, at which time the complainant and the respondent appeared and presented evidence and argument on the complaint.

 

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. By complaint filed February 14, 1989, the complainant alleged that the respondent denied him access to two inmate files.

 

3. It is found that, on February 2, 1989, the complainant requested access to his central file and his personal file, which is maintained in the respondent's office.

 

4. The respondent claims that he has provided the complainant with the requested records.

 

5. It is found that on March 1, 1989, the complainant was provided with access to the two requested files except for two letters from his former wife, which were not provided.

 

6. It is found that, at a Commission hearing held on February 28, 1989, the complainant's representative at that hearing agreed that the respondent could withhold from the complainant the two letters from his former wife.

 

7. It is concluded that, under the unusual circumstances of this case, the respondent did not violate the open records or the prompt access provisions of 1-19(a), G.S.

 

#FIC 89-65 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.

 

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

FRANK J. VALUTTI

P.O. Box 27063

West Haven, CT 06516

 

WARDEN, CONNECTICUT CORRECTIONAL INSTITUTE AT SOMERS

c/o Henri Alexandre, Esquire

Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105

 

Approved by order of the Freedom of Information Commission at its regular meeting of September 13, 1989.

 

 

Tina C. Frappier

Acting Clerk of the Commission