The above-captioned matter was heard as a contested case on January 4, 1999, at which time the respondents appeared, and presented 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 § 1-18a(1) G.S.

        2. By letter dated October 7, 1998, the complainant requested a copy of all incident reports, arrest reports, investigation reports and all other written records relating to incidents or alleged incidents involving the complainant’s children when the police investigation of such incidents or alleged incidents is no longer active.

        3. By letter dated November 5, 1998, and filed with the Commission on November 9, 1998, the complainant alleged that she had not received a response to her October 7, 1998 letter of request and that such failure constituted a denial of her request under the Freedom of Information Act, § 1-21i(a), G.S.

        4. It is found that a sergeant in the respondent department’s internal affairs division had informed the complainant by letters dated October 4, 1998 and December 4, 1998 that the matter involving the complainant’s request was still open.

        5. It is further found that the complainant failed to prove that the respondents failed to comply with her records request, as set forth in her October 7, 1998 letter.

        6. It is therefore concluded that the respondents did not violate the Freedom of Information Act with respect to the complainant’s October 7, 1998 request for records.

        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 regular meeting of February 10, 1999.

_________________________

Melanie R. Balfour

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:

Lisa Decker
c/o Atty. Mary S. Chromik
41 Oxford Road
Oxford, CT 06478
Chief, Police Department,
City of Meriden; and Police
Department, City of Meriden
c/o Atty. Christopher P. Hankins
142 East Main Street
Meriden, CT 06450
 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-351FD/mrb02161999