FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Frederick
F. Mickiewicz,
Complainant
against Docket #FIC 94-243
Robert
J. Kupec, Warden, Somers Correctional Institution, State
of
Connecticut, Department of Correction,
Respondent October 12, 1994
The above-captioned matter was
heard as a contested case on August 18, 1994, at which time only the
complainant appeared, 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 respondent is a public agency within the meaning of
1-18a(a), G.S.
2. By letter of complaint dated July 13, 1994 and filed with the
Commission on July 22, 1994, the complainant alleged that the respondent had
failed to comply with the Commission's June 8, 1994 order in contested case
docket #FIC 93-330, Frederick F. Mickiewicz v. Warden, Somers Correctional
Institution, State of Connecticut, Department of Correction ("docket #FIC
93-330"), requiring the respondent to provide the complainant with a copy
of the respondent's department boiler room phone bill for August 12, 1993.
3. The Commission takes administrative notice of its findings and
decision in docket #FIC 93-330.
4. In docket #FIC 93-330, the Commission ordered the respondent to:
...forthwith
provide the complainant with a copy of the requested record. If such record is not in the respondent's
possession, he shall immediately request a copy and provide the complainant
with such copy. If the requested record
does not exist, the respondent shall submit an affidavit to the complainant
stating that such record does not exist.
Docket
#FIC 94-243 Page 2
5. It is found that subsequent to the Commission issuing its order
in docket #FIC 93-330, the respondent provided the complainant with a notarized
letter stating that the requested phone bill could not be provided as all
computer-stored records for the month of August 1993 had been lost.
6. It is found that the respondent's assertion that the
computer-stored records were lost is based on the representations of Betty Ann
McCloskey, a telecommunications specialist, that necessary repairs to the respondent's
computer system caused all records stored in memory to be lost.
7. It is found that the respondent's letter described in paragraph
5, above, complies with the Commission's order in docket #FIC 93-330.
8. Consequently, it is concluded that the respondent did not violate
the Commission's order in docket #FIC 93-330.
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
October 12, 1994.
Debra
L. Rembowski
Clerk
of the Commission
Docket
#FIC 94-243 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:
FREDERICK
F. MICKIEWICZ
54
Tioga Street
Springfield,
MA 01128
ROBERT
J. KUPEC, WARDEN, SOMERS CORRECTIONAL INSTITUTION, STATE OF CONNECTICUT,
DEPARTMENT OF CORRECTION
c/o
Sharon Hartley, Esq.
Assistant
Attorney General
110
Sherman Street
Hartford,
CT 06105
Debra
L. Rembowski
Clerk
of the Commission