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FREEDOM OF
INFORMATION COMMISSION |
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In the Matter of a Complaint by |
FINAL DECISION |
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Steven Edelman, |
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Complainants |
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against |
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Docket #FIC 1999-320 |
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Christopher Laux, Building Inspector,
State of Connecticut, |
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Respondents |
December 8, 1999 |
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The
above-captioned matter was heard as a contested case on September 9, 1999 at
which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1),
G.S., (formerly (§1-18a(1),
G.S.).
2.
It is found that by letter dated June 14, 1999, the complainant
requested that the respondent building inspector provide him with access to
inspect certain records pertaining to forcible entry upon private property,
search warrants, Miranda warnings and arrest procedures.
3.
It is found by letter dated July 2, 1999, the respondent sergeant
informed the complainant that “the information regarding your FOI request
dated June 14, 1999 is available for your inspection and examination.
Please contact me to set up a mutually agreeable time to review the
records.”
4.
The complainant, by letter of complaint filed with the Commission on
July 8, 1999, appealed to the Commission alleging that the respondents
violated the Freedom of Information (“FOI”) Act by denying him access to
inspect the requested records. The
complainant requested that civil penalties be imposed upon the respondents.
5.
It is found that the complainant visited the respondents’ offices on
August 4 and September 9, 1999 and reviewed certain records made available to
him by the respondents.
6.
The complainant contends that the records he reviewed, described in
paragraph 5, above, are incomplete, because such records suggest the possible
existence of other records. For example the records reviewed make reference to a
certification program, a seminar and information on arrests.
The complainant contends that all records pertaining to any such
references should have been provided to him by the respondents in response to
his records request.
7.
It is found that the respondents have made a good faith effort to
identify, locate and retrieve identifiable records that are responsive to the
complainant’s request, and the complainant has been given access to those
records.
8.
It is further found that the complainant is free to make additional
records requests to the respondents for specific records.
9.
Under the facts and circumstances of this case, it is concluded that
the respondents did not violate the FOI Act as alleged in the complaint.
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
December 8, 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:
Steven Edelman
Frog Pond
Windham Center, CT 06280
Christopher Laux, Building Inspector,
State of Connecticut, Department of Public Safety; Division of Fire, Emergency
and Building Services; State of Connecticut, Department of Public Safety;
Division of Fire, Emergency and Building Services; Christopher Arciero,
Sergeant, State of Connecticut, Department of Public Safety; and State of
Connecticut,
Department of Public Safety
c/o Atty. Robert B. Fiske III
Assistant Attorney General
110 Sherman Street
Hartford, CT
06105
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-320/FD/mrb/
12/20/1999