FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Albert C. Victoria II,
Complainant
against Docket
#FIC 87-362
Garrell S. Mullaney, Andrea
Gaines, Christiaan D. Van Der Velde, Deborah Silva, Joan Warner, Robert L.
Gibson, Lawrence Carver and Norwich State Hospital,
Respondents August
10, 1988
The above-captioned matter was combined with Docket #FIC
88-5 and heard as a contested case on February 19, 1988. At that time the parties appeared and the
respondents presented a motion to dismiss as to the respondent Andrea Gaines
and a motion for findings and sanctions.
After consideration of the entire record, the
following facts are found:
1. The respondents are public agencies within
the meaning of §1-18a(a), G.S.
2. On
December 3, 1987, the complainant mailed a complaint to this Commission
alleging that the respondents failed to provide him with records which were
requested September 11, 1987, September 20, 1987, October 1, 1987, October 20,
1987, and October 24, 1987.
3. The
complainant alleged that, since the Commission declined to treat the requests
at a hearing on November 9, 1987, he was not barred by the thirty day
limitation on time to file complaints, as required by §1-21i(b), G.S.
4. It is
found that §1-21i(a), G.S., provides that failure of a public agency to comply
with a request to copy records within four business days shall constitute a
denial.
5. It is
found that, since no formal or written denial of access to the records
requested by the complainant occurred, the thirty day limitation of time to
file a complaint must be computed on the basis of the provision cited at
paragraph 4, above.
6. It is
concluded, therefore, that the Commission lacks jurisdiction to hear the
December 3, 1987 appeal of the complainant.
Docket #FIC 87-362 page two
7. It is
further found, since the Commission has no jurisdiction to hear the instant
appeal, it need not consider the motions filed by the respondent.
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 special meeting of August 10, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission