FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Robert A. Cushman,  
  Complainant  
  against   Docket #FIC 2010-769

Commissioner, State of Connecticut,

Department of Public Safety; and

Department of Public Safety,

 
  Respondents September 28, 2011
       

 

The above-captioned matter was heard as a contested case on May 23 and July 18, 2011, at which times the complainant and the respondents appeared, stipulated to certain facts, and presented testimony, exhibits 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 of complaint filed December 15, 2010, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to comply with his request for records. 

 

3. It is found that the complainant, in the course of his representation of a client, requested, by letter dated November 23, 2010, copies of all audio and video records, phone logs, and phone records created in connection with the arrest of his client for driving while intoxicated.

 

4. It is found that the respondents replied to the request on December 2, 2010, and on December 23, 2010 provided copies of certain records, including the Mobile Video Recording (“MVR”) made from the arresting trooper’s vehicle, and the dispatch audio recording.

 

5. It is found that the complainant did not receive copies of audio or video records made at the barracks to which his client was brought for booking, or copies of certain phone records, all of which the complainant believed might exist.

 

6. Thorough and convincing testimony, subject to extensive cross-examination, was presented at the hearings on this matter in support of the respondents’ position that no records were withheld from the complainant. That evidence established, to the satisfaction of the hearing officer, that the respondents have no further records responsive to the complainant’s request, notwithstanding that some of the evidence may reasonably have suggested to the complainant that additional records might exist.

 

            7.  It is therefore concluded that the respondents did not violate the FOI Act as alleged.

 

 

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 September 28, 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:

 

Robert A. Cushman

705 North Mountain Road

Newington, CT  06111

 

Commissioner, State of Connecticut, Department of Public Safety

and; State of Connecticut, Department of Public Safety

c/o Terrence M. O’Neill, Esq.

Assistant Attorney General

State of Connecticut,

Office of the Attorney General

110 Sherman Street

Hartford, CT  06105

 

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-769/FD/cac/9/28/2011