FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

            The above-captioned matter was heard as a contested case on November 24, 2009, at which time the complainant and respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, the above- captioned matter was consolidated with Docket # FIC 2009-536; Troy Thomas v. Internal Affairs Division, Police Department, City of Hartford; and Police Department, City of Hartford; and Docket # FIC 2009-571; Troy Thomas v. Office of the Corporation Counsel, City of Hartford; and City of Hartford.  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.).

 

            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.

 

2.      It is found that, by letter dated September 16, 2009, the complainant made a request to the respondents for the following:

 

[a] Raynette Little civilian complaint from Mayor’s Office with date’s [sic];

 

[b] Raynette Little disposition of her 9/2/04 case, due to her civilian complaint;

 

[c] Raynette Little investigation reports from Mayor’s Office [d]ue to her civilian complaint;

 

[d] Reports of when Hartford Police and State’s Attorney Office was informed of Raynette Little complaint with dates; [and]

 

[e] Copy of all paperwork that was forwarded to H.P.D. on 9-10-04 [d]ue to Raynette Little civilian complaint.

 

3.      By letter dated September 22, 2009, and filed on September 24, 2009, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of the records, described in paragraph 2, above. 

 

4.      At the hearing in this matter, the complainant stated that the records described in paragraphs 2.b, 2.c, 2.d and 2.e, above, are no longer at issue in this matter.  Accordingly, only the record described in paragraph 2.a, above, will be addressed herein.  

 

5.      Section 1-200(5), G.S., defines “public records or files” as:

 

any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

6.      Section 1-210(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 the right to (1) inspect such records promptly during regular office or business hours . . . (3) receive a copy of such records in accordance with section 1-212….  Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located or of the Secretary of the State, as the case may be.

 

7.      Section 1-212(a), G.S., provides in relevant part that “any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

 

8.      It is found that in early September 2004 a civilian complaint was filed with the Mayor’s Office for the City of Hartford by Raynette Little which was subsequently forwarded to the City of Hartford Police Department for an Internal Affairs investigation.

 

9.      It is found that, at the time the respondents received the record described in paragraph 2.a, above, it was a public record.

 

10.  It is found that, by letter dated September 22, 2009, the respondents acknowledged the complainant’s request as described in paragraph 2.a, above, and informed the complainant that his “request seeks documentation in the hands/controls of others.”

 

11.  It is found that the respondents do not maintain or keep on file copies of the requested record as described in paragraph 2.a, above.   

 

12.  It is concluded that the respondents violated §1-210(a), G.S., by failing to maintain the record described in paragraph 2.a, above.

 

           

            Based upon the facts and circumstances of this case, and since the Commission has ordered the City of Hartford to provide the record at issue to the complainant in Docket # FIC 2009-536; Troy Thomas v. Internal Affairs Division, Police Department, City of Hartford; and Police Department, City of Hartford, no order is recommended by the Commission.                                                                

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 11, 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:

 

Troy Thomas, #216082

Osborn Correctional Institution

335 Bilton Road

PO Box 100

Somers, CT 06071

 

Mayor, City of Hartford;

Office of the Mayor,

City of Hartford; and

City of Hartford

c/o Nathalie Feola-Guerrieri, Esq.

City of Hartford

Office of the Corporation Counsel

550 Main Street, Room 303

Hartford, CT 06103

 

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

FIC/2009-567FD/paj/8/13/2010