FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
James Ricci,  
  Complainant  
  against   Docket #FIC 2010-485

John A. Danaher, III, Commissioner,

State of Connecticut,

Department of Public Safety; and

State of Connecticut,

Department of Correction,

 
  Respondents May 25, 2011
       

           

The above-captioned matter was heard as a contested case on November 15, 2010, at which time the complainant and the respondents appeared, stipulated to certain facts, and presented testimony 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.

 

2.  By letter filed August 5, 2010, the complainant appealed to the Commission, alleging that the respondents did not comply with the Commission’s order in Docket #FIC 2009-451, James Ricci v. John A. Danaher, III, Commissioner, State of Connecticut, Department of Public Safety, et al., in which the Commission on June 18, 2010 ordered the respondent in that case to provide forthwith to the complainant three pages of records. The complainant requested the imposition of a civil penalty against the named respondent.

 

3.  The respondents acknowledged at the hearing on this matter that the records were not provided forthwith. The individual responsible for the file in Docket #FIC 2009-451 left employment with the Department of Public Safety, and counsel for the respondents in this case, when contacted by the complainant, arranged for the records to be delivered to the complainant on or about August 18, 2010.

 

4. It is concluded that the records were not provided forthwith to the complainant, in violation of the Commission’s previous order.

 

5.  However, it is found that the delay in providing the records was inadvertent.

 

 

Under the facts and circumstances of this case, no order is recommended, and the Commission in its discretion declines to impose a civil penalty against the named respondent.

 

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 25, 2011.

 

 

 

___________________________

S. Wilson

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:

 

James Ricci  

17 Fritz Place

Wallingford, CT 06492

 

John A. Danaher, III, Commissioner,

State of Connecticut,

Department of Public Safety; and

State of Connecticut,

Department of Correction

C/o Terrence M. O’Neill, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

 

 

___________________________

S. Wilson

Acting Clerk of the Commission

 

FIC/2010-485FD/sw/6/1/2011