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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Steven Edelman, |
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Complainant |
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against |
Docket #FIC 2001-047 |
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Mark
Solak, State’s Attorney, |
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Respondent |
April 25, 2001 |
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The above-captioned matter was heard as a contested
case on March 19, 2001, at which time the complainant appeared and presented
testimony, exhibits and argument on the complaint. The respondent did not appear.
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 §1-200(1),
G.S.
2.
By letter dated
January 4, 2001 to the respondent, the complainant requested access to inspect
“all press releases, public notices, community bulletins, and similar
instruments distributed, disseminated, or circulated during the last ten years
by the Office of the Windham State’s Attorney that refer, relate, or pertain
to a misdemeanor investigation, prosecution, trial, conviction, or sentencing.”
The complainant indicated that the request excludes any
press releases, public notices, community bulletins, and similar
instruments that directly refer, relate, or pertain to Steven Edelman.
3.
By letter dated
January 26, 2001 and filed on January 30, 2001 the complainant appealed to
this Commission alleging that the respondent violated the Freedom of
Information (“FOI”) Act by denying him access to inspect the requested
records. The complainant
requested that this Commission impose the maximum civil penalty against the
respondent.
4.
Section 1-210(a), G.S.,
provides in relevant part that:
[e]xcept
as otherwise provided by any federal law or state statute, all records
maintained or kept on file by any public agency, whether or not such records
are required by any law or by any rule or regulation, shall be public records
and every person shall have the right to inspect such records promptly upon
request during regular office or business hours. . . .
5.
It is found that the
requested records are public records within the meaning of §1-210(a), G.S.
6.
It is found that
after the complainant filed his complaint with this Commission, he received a
letter dated January 26, 2001 from the respondent informing him that his
January 4, 2001 letter had been reviewed and that he would receive an answer
to his request two days after the secretary, who files and stores documents
returned from vacation.
7.
It is found that the
complainant made three requests on January 4, 2001 and that the respondent’s
letter of January 26, 2001 did not indicate to which request it referred.
8.
Notwithstanding the
respondent’s letter of January 26, 2001, it is found that as of the date of
the hearing on this matter, the respondent had not made any further contact
with the complainant regarding any of his requests.
9.
Consequently, it is
concluded that the respondent violated the promptness provisions of
§1-210(a), G.S., by his continued failure to comply with the complainant’s
request.
10.
This Commission
declines to impose a civil penalty in this case.
The following order
by the Commission is hereby recommended on the basis of the record concerning
the above-captioned complaint.
1. The respondent shall forthwith provide the complainant with access to inspect the records described in paragraph 2 of the findings, above.
2. Henceforth, the respondent shall strictly comply with the disclosure provisions of §1-210(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 25, 2001.
_________________________________________
Petrea A. Jones
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
Mark Solak, State's Attorney,
State of Connecticut, Judicial
District of Windham
120 School Street
Danielson, CT 06239
______________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-047/FD/paj/05/02/2001