FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Melvin
Jones, |
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Complainants |
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against |
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Docket
#FIC 1999-236 |
Melvin Wearing, Chief, Police Department, City of New Haven; and Police Department, City of New Haven, |
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Respondents |
December
22, 1999 |
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The above-captioned matter was heard as a contested case on October 26, 1999, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1), G.S., [formerly §1-18a(1), G.S.].
2. It is found that by letter of request dated April 12, 1999, the complainant requested that the respondents provide him with the following records (“hereinafter requested records”) concerning an October 17, 1990 homicide for which the complainant was convicted and is presently incarcerated:
a) photographs taken in connection with the criminal case;
b) all photographs on file;
c) finger and palm print cards for the complainant; and
d) all finger and palm print cards on file.
3. It is found that by postcard dated April 21, 1999, the respondents acknowledged receipt of the complainant’s request and informed him that such request was being processed.
4. Having failed to receive the requested records, the complainant, by letter dated May 5, 1999 and filed on May 19, 1999 appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying him access to the requested records.
5. Section 1-210(a), G.S., [formerly §1-19(a), G.S.], provides in relevant part that:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have a right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212. [Emphasis added.]
6. It is found that the respondents do not maintain or keep on file any of the requested records.
7. It is also found that by letter dated August 12, 1999, the respondents, through counsel, informed the complainant that the respondents had conducted a thorough search of their records and found that the information requested was “signed out to the State’s Attorneys Office in November 1990”, and that consequently, the respondents did not have the records requested.
8. It is therefore, concluded that the respondents did not violate the FOI when they failed to provide the complainant with access to the requested records.
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.
Approved by Order of the Freedom of Information Commission at its regular meeting of
December 22, 1999.
_________________________
Melanie R. Balfour
Acting Clerk of the Commission
PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
Melvin Jones
c/o Richard Austin
131 Anita Street
New Haven, CT 06511
Melvin Wearing, Chief, Police Department, City of New Haven; and Police Department,
City of New Haven
c/o Atty. Stacy Werner
Office of Corporation Counsel
165 Church Street, 4th Floor
New Haven, CT 06051
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-236FD/mrb//12/27/1999