FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Faroulh Dorlette,  
  Complainant  
  against   Docket #FIC 2010-440
Warden, State of Connecticut, Department
of Correction, Northern Correctional
Institution; and State of Connecticut,
Department of Correction,
 
  Respondents April 27, 2011
       

 

The above-captioned matter was heard as a contested case on April 14, 2011, at which time the complainant and respondents appeared 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.). 

 

            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 on June 6, 2010, the complainant requested “video footages recorded in the 1 East Housing unit on the dates and times as follows:  May 4, 2010, May 10, 2010, May 12, 2010, June 1, 2010, June 2, 2010, June 4, 2010.”  

 

3.      By letter of complaint filed July 13, 2010, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of the records he requested. 

 

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

 

Public records or files means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, …whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

5.      Section 1-210(a), G.S., provides, in relevant part:

 

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 . . .  receive a copy of such records in accordance with section 1-212.

 

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

 

7.      It is concluded that the records requested by the complainant are public records within the meaning of 1-200(5), 1-210(a), and 1-212(a), G.S.

 

8.      It is found that the respondents’ policy is to save video recordings such as those the complainant requested for 30 days, after which the recordings are replaced by new recordings.

 

9.      It is found that the respondents received the complainant’s June 6, 2010 request for records on July 13, 2011, which is more than 30 days after the last date of the video recording he requested.

 

10.   It is found that the respondents searched for the video recordings, but they no longer exist.

 

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 April 27, 2011.

 

 

__________________________

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:

 

Faroulh Dorlette, #306054

Northern Correctional Institution

287 Bilton Road

PO Box 665

Somers, CT 06071

 

Warden, State of Connecticut,

Department of Correction, Northern Correctional

Institution; and State of Connecticut,

Department of Correction 

c/o Nicole Anker, Esq.

Department of Correction

24 Wolcott Hill Road

Wethersfield, CT 06109

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-440/FD/paj/4/28/2011