FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Complainant |
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against |
Docket #FIC 2000-069 |
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Darren Stewart, Lieutenant, Department |
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Respondents |
June 28, 2000 |
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The above-captioned matter was heard as a contested
case on April 19, 2000, at which time the complainant and the respondents
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint. The
subject records were submitted for in-camera inspection.
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.
2.
It is found that on
December 15, 1999, the complainant made a request to the respondents for a
copy of four police reports and at that time, the respondents provided a copy
of two of the requested reports but denied the complainant access to copies of
two other reports claiming they were exempt from disclosure pursuant to
§1-210(b)(3)(G), G.S.
3.
It is found that by
letter dated January 21, 2000, the respondents attempted to further explain
why the complainant’s December 15, 1999 request was denied with respect to
two of the requested reports.
4.
By letter dated
February 5, 2000 and filed on February 16, 2000, the complainant appealed to
this Commission alleging that the respondents violated the Freedom of
Information (“FOI”) Act by denying her request with respect to two of the
reports and requested the imposition of civil penalties.
5.
The respondents moved
to dismiss the complaint arguing that the appeal was not timely filed and
citing §1-206(b)(1), G.S., which in relevant part provides:
“Any
person denied . . . any . . . right conferred by the [FOI] Act may appeal
therefrom to the Freedom of Information Commission, by filing a notice of
appeal with said commission. A
notice of appeal shall be filed within thirty days after such denial, except
in the case of an unnoticed or secret meeting . . . .”
6.
The complainant
argued that her complaint was timely filed as it was filed within thirty days
of the respondents’ January 21, 2000 letter.
7.
It is found that the
date of the complainant’s last request for the subject police reports was
December 15, 1999 and that there is no evidence in the record that she made
any requests for the reports subsequent to that date.
8.
It is found that the
complainant’s December 15, 1999 request was denied at the time she made her
request.
9.
It is further found
that the January 21, 2000 letter was not a response to a request for the
reports but was only an attempt to explain the reasons why the complainant’s
December 15, 1999 request was denied which reasons were provided to the
complainant at the time of her request.
10.
It is found that the
complaint to the Commission was filed beyond the thirty-day jurisdictional
mandate for filing appeals as set forth in §1-206(b)(1), G.S.
11.
Therefore, it is
concluded that the commissions lacks subject matter jurisdiction over this
case.
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.
2. Nothing herein shall preclude the complainant from submitting a new request to the respondents for copies of the subject police reports.
Approved by Order of the Freedom of Information Commission at its regular meeting of
June 28, 2000.
_________________________
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:
Marilyn Sheldon
34 Mechanic Street
Pawcatuck, CT 06379
Darren Stewart, Lieutenant, Department of Police Services, Town of Stonington;
and Department of Police Services, Town of Stonington
c/o Atty. Jeffrey T. Londregan
38 Huntington Street, PO Box 1351
New London, CT 06320
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-069FD/mrb/07/06/00