The above-captioned matter was heard as a contested case on February 5, 1999, at which time the complainant and the respondent appeared, stipulated to certain facts and 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(1), G.S.

        2. By letter sent on or about October 20, 1998, the complainant requested that the respondent provide him with copies of notes made by Maria Delaney, Steve Caliendo and Raeann Curtis during a July 15, 1998, pre-disciplinary hearing which the complainant attended.

        3. By letter dated October 28, 1998, the respondent provided the notes of Steve Caliendo and informed the complainant that no other notes responsive to his request were in existence.

        4. By letter dated November 16, 1998, and filed with the Commission November 18, 1998, the complainant alleged that the respondent violated the Freedom of Information ("FOI") Act by failing to provide the Delaney and Curtis notes described in paragraph 2, above.

        5. It is found that both Ms. Delaney and Ms. Curtis attended the hearing described in paragraph 2, above, and that both individuals created some handwritten notes during such hearing. It is further found that such notes consisted of informal jottings which did not relate to the substance of such hearing.

        6. It is further found that the notes described in paragraph 5, above, were discarded shortly after the hearing described in paragraph 2, above, and that such notes were therefore not in existence at the time of the complainant’s request.

        7. It is therefore concluded that the respondent did not violate the provisions of § 1-19(a), G.S., in this matter.

        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 May 12, 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:

Barry Wallett
15 McKinley Street
Manchester, CT 06040
State of Connecticut,
Department of Consumer
Protection, Legal Division
c/o Atty. Anna M. Ficeto
Department of Consumer
Protection
165 Capitol Avenue
Hartford, CT 06106

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1998-364FD/mrb/05201999