FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                         FINAL DECISION

 

Frank J. Valutti,

 

                        Complainant

 

            against                                                       Docket #FIC 89-64

 

Warden, Connecticut Correctional Institute at Somers,

 

                        Respondent                                               September 13, 1989

 

            The above captioned matter was scheduled for hearing June 30, 1989, at which time the complainant and respondent appeared and presented testimony, documentary evidence, and argument on the complaint.

 

            After consideration of the entire record, the following facts are found:

 

            1.         The respondent is a public agency within the meaning of §1-18a(a), G.S.

 

            2.         By complaint filed February 14, 1989, the complainant alleged that the respondent violated the Freedom of Information Act by failing to provide him with access to certain records.

 

            3.         The respondent claims it has provided the complainant with the records he requested.

 

            4.         It is found that, on February 2, 1989, the complainant made a written request that the respondent provide him with or to allow him to see "any written material, memos, post orders, or directives in regards to when I am permitted to shower."

 

            5.         The complainant specifically claims that the respondent failed to provide him with an accreditation record which concerns showers for prisoners.

 

            6.         It is found that the respondent has provided the complainant with all records which it has which fall within the scope of his February 2, 1989, request.

 

Docket #FIC 89-64                                                                                                   Page Two

 

            7.         It is found further that the accreditation document which the complainant seeks was not requested on February 2, 1989, because it does not fall within the scope of his request.

 

                        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.

 

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

FRANK J. VALUTTI

P.O. Box 27063

West Haven, CT 06516

 

WARDEN, CONNECTICUT CORRECTIONAL INSTITUTE AT SOMERS

c/o Henri Alexandre, Esquire

Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105

 

            Approved by order of the Freedom of Information Commission at its regular meeting of September 13, 1989.

 

                                                                                                   

                                                                             Tina C. Frappier

                                                                             Acting Clerk of the Commission