FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
David Weaving,    
  Complainant  
  against   Docket #FIC 2010-387
Commissioner,
State of Connecticut,
Department of Public Safety; and
State of Connecticut,
Department of Public Safety, 
 
  Respondents March 23, 2011
       

 

            The above-captioned matter was heard as a contested case on December 21, 2010, 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 2010-238; David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety; Docket # FIC 2010-359; David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety; and Docket # FIC 2010-460; David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety.  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 June 9, 2010, the complainant requested the following from the respondents for the time period of April 27, 2006 through April 27, 2008:

 

[a] complete maintenance records of State Police Vehicle CT Registration 465UAL, including tires and their rating;

 

[b] complete records of Vericom 3000 serial #VC306032144, including all calibration records;

 

[c] operating and programming manual for the Vericom 3000;

 

[d] complete records on Impulse Laser Serial #I09442, including all calibration records;

 

[e] complete records on Mapstar Angle Encoder Serial # AE000955, including all calibration records;

 

[f] complete records on TDS Recon Hand Held Serial # FS43A26371, including all calibration records; and

 

[g] operating manuals for the Impulse Laser, Mapstar Angle Encoder, and TDS Recon Hand Held.

 

3.      By letter dated June 17, 2010, and filed on June 18, 2010, 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.a, 2.c and 2.g, above, are no longer at issue in this matter.  Accordingly, only the records, described in paragraphs 2.b, 2.d, 2.e and 2.f, 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.

 

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 the records requested by the complainant, to the extent that they exist, are public records and must be disclosed in accordance with 1-200(5), 1-210(a) and 1-212(a), G.S., unless they are exempt from disclosure.

 

9.      With respect to the requests described in paragraphs 2.b and 2.d, above, it is found that the respondents do not maintain or keep on file copies of such records.  Therefore, it is concluded that the respondents did not violate the disclosure provisions of 1-210(a), G.S., with respect to the requests described in paragraphs 2.b and 2.d, above.

 

10.  With respect to the requests described in paragraphs 2.e and 2.f, above, the respondents contend that the only responsive records that they maintain or keep on file are fourteen pages of asset documentation with respect to Mapster Angle Encoder Serial #AE000955 and TDS Recon Handheld Serial #FS43A26371, copies of which were forwarded to the complainant’s attorney on or about November 2, 2010.  The complainant contends he did not receive any records responsive to such requests.

 

11.  It is found that the respondents forwarded to the complainant all records that they maintain or keep on file responsive to the complainant’s requests described in paragraphs 2.e and 2.f, above.  It is therefore concluded that the respondents did not violate the disclosure provisions of 1-210(a), G.S., with respect to such requests.

 

 

            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 March 23, 2011.

 

__________________________

Cynthia A. Cannata

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:

 

David Weaving #161065

MacDougall-Walker Correctional Institution

1153 East Street South

Suffield, CT  06080

 

Commissioner, State of Connecticut, Department of Public Safety; and

State of Connecticut, Department of Public Safety

c/o Stephen R. Sarnoski, Esq.

Assistant Attorney General

Office of the Attorney General

110 Sherman Street

Hartford, CT  06105

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-387/FD/cac/3/28/2011