FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The complainant filed this appeal with the Commission on November 18, 2002.  The respondent petitioned the Commission to dismiss the complaint without a hearing on January 10, 2003.  The complainant filed an objection to such petition on January 17, 2003. 

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  Section 1-206(b)(4), G.S., provides that:

 

notwithstanding any provision of this subsection to the contrary, in the case of an appeal to the commission of a denial by a public agency, the commission may, upon motion of such agency, confirm the action of the agency and dismiss the appeal without a hearing if it finds, after examining the notice of appeal and construing all allegations most favorably to the appellant, that the agency has not violated the Freedom of Information Act.

 

2.  The notice of appeal in this matter alleges two things: a) that the respondent failed to provide the complainant with “internal records generated” as a result of the respondent’s “alleged search” of its records in connection with an October 15, 2002 Freedom of Information (“FOI”) request from the complainant to the respondent, and b) that the respondent failed to conduct an investigation into “crimes and violation of National Security” and also failed to forward the complainant’s request for such investigation to “the agencies within Connecticut that conduct such investigations.”

 

3.    It is found, after examining the notice of appeal and construing all allegations most favorably to the appellant, that: with respect to the allegation described in paragraph 2a) above, the respondent has no obligation under the FOI Act to create “search” records and with respect to the allegation described in paragraph 2b) above, the respondent has no obligation under the FOI Act to conduct investigations into “crimes and violation of National Security” or to forward the complainant’s request for such investigation to “the agencies within Connecticut that conduct such investigations.” 

 

            4.  Therefore, it is concluded that the respondent has not violated the FOI Act as alleged in the complaint and the action of the respondent is confirmed.

 

Consequently, the following order by the Commission is hereby recommended:

 

            1.  The complaint is hereby dismissed without a hearing pursuant to §1-206(b)(4), G.S.

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

July 9, 2003.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Barbara Schwarz

335 E. Broadway, Apt. 401

Salt Lake City, Utah  84111

 

State of Connecticut, Office of

Policy and Management

Attn:  Gareth D. Bye, Esq., Deputy Counsel

State of Connecticut

Office of Policy and Management

450 Capitol Avenue

Hartford, CT  06106-1308

 

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-553FD/abg/07/11/2003