FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
John Kaminski,  
  Complainant  
  against   Docket #FIC 2009-091

State of Connecticut,

Division of Criminal Justice,

Office of the Chief State’s Attorney,

 
  Respondent February 16, 2010
       

           

The above-captioned matter was heard as a contested case on December 3, 2009, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See  Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford,  Corrected Order dated January 27, 2004 (Sheldon, J.).  This matter was consolidated for the purposes of hearing with Docket #FIC2009-544, John Kaminski v. Executive Director, State of Connecticut, Police Officer Standards and Training Council et al.

 

            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 1-200(1), G.S., only with respect to its administrative functions, as provided by 1-201, G.S.

 

2.  By letter filed February 19, 2009, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying his request for a certain search and seizure guide authored by Senior Assistant State’s Attorney Timothy Sugrue.

 

3.  It is found that the requested record is a guide for police officers on current search and seizure law.

 

4.  It is found that the maintenance and distribution of the guide is not an administrative function of the respondent, and that the Commission therefore lacks jurisdiction over the respondent pursuant to 1-201, G.S.

 

5.  The Commission notes that the availability of the guide from State of Connecticut Police Officer Standards and Training Council will be separately addressed in Docket #FIC 2009-544.

 

 

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

 

            1.  The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 16, 2010.

 

 

___________________________

Petrea A. Jones

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:

 

John Kaminski, #241124

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT 06080

 

State of Connecticut,

Division of Criminal Justice,

Office of the Chief State’s Attorney

c/o Judith Rossi, Esq.

300 Corporate Place

Rocky Hill, CT 06067

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

FIC/2009-091FD/paj/2/17/2010