FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
William Petaway,
Complainant
against Docket #FIC 93-346
New Haven Police Department,
Respondent June 8, 1994
The above-captioned matter was heard as a contested case on January 21, 1994, at which time the complainant appeared but the respondent failed to appear.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint filed May 4, 1993, the complainant appealed to the Commission, alleging that his request for any arrest information concering him had been denied, and requesting the imposition of a civil penalty against the respondent.
3. By letters dated May 6, 1993, May 19, 1993 and June 8, 1993, the Commission notified the complainant that, since he was incarcerated, he needed to designate someone to represent him before the Commission would schedule a hearing; and that until he did so, the Commission would take no further action on his complaint.
4. By letter filed July 1, 1993, the complainant notified the Commission that he would be represented by Legal Assistance to Prisoners of the Connecticut Prison Association.
5. By letter filed December 22, 1993, Legal Assistance to Prisoners filed an appearance on the complainant's behalf, at which time the Commission assigned a docket number to this case and scheduled a hearing for January 21, 1994.
6. Following the hearing, the staff of the Commission failed to note the unusual nine-month delay between the filing of the complaint and the hearing in this matter, and scheduled the preparation of the hearing officer's report based upon the hearing date, rather than the much earlier date of the filing of the complaint.
Docket #FIC 93-346 Page 2
7. Section 1-21i(d) provides in relevant part:
[The freedom of information] commission shall, after due notice to the parties, hear and decide the appeal within one year after the filing of the notice of appeal.
8. It is concluded that the date of the filing of the notice of appeal in this case was May 5, 1993, even though the Commission took no action on the complaint until receiving an appearance from Legal Assistance to Prisoners on December 22, 1993.
9. It is therefore concluded that the Commission has no jurisdiction to decide the complainant's complaint.
10. The Commission acknowledges that its failure to decide this case within the one-year time limitation was its own error, and sincerely regrets the delays the complainant has suffered. The Commission pledges that, if the complainant makes another request for the records and is unable to obtain them from the respondent, and if the complainant wishes to re-institute this matter by the filing of another complaint, the Commission will give his new complaint the highest priority possible.
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 June 8, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 93-346 Page 3
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:
William Petaway
c/o Patricia J. Sloan, Esq.
Legal Assistance to Prisioners
38-40 Hungerford Street
Hartford, CT 06106
New Haven Police Department
1 Union Avenue
New Haven, CT 06519
Debra L. Rembowski
Clerk of the Commission