FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on November 20, 2002, at which time the complainants 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 §1-200(1), G.S.

 

2.      By letter dated August 13, 2002 and filed on September 4, 2002, the complainants appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by convening in executive session at its August 8, 2002 meeting for an impermissible purpose.

 

3.      It is found that the respondent was established by Public Act 01-151, Section 4, for the purpose of studying the imposition of the death penalty in Connecticut and charged with reporting its findings and recommendations on 14 specified topics to the legislature by January 8, 2003. 

 

4.      Because the respondent no longer exists and no practical relief can be afforded to the complainants, it is found that the case is moot; and under the doctrine of administrative restraint, the Commission declines to issue an advisory opinion on the subject of this 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.

2.      The Commission takes full responsibility for its failure to address this complaint in a timely manner and sincerely apologizes to the complainants for its failure in this regard.  The Commission commends the complainants for presenting an excellent case in the public interest. 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 27, 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:

 

Kim Harrison and Teresa Younger

c/o Philip D. Tegeler, Esq.

Legal Director

CCLU Foundation

32 Grand Street

Hartford, CT  06106

 

State of Connecticut,

Commission on the Death Penalty

c/o James M. Thomas, Esq.

Director of Justice Planning

Office of Policy and Management

450 Capitol Avenue

Hartford, CT  06106

 

and

 

State of Connecticut,

Commission on the Death Penalty

c/o Susan Quinn Cobb, Esq.

Assistant Attorney General

55 Elm Street, PO Box 120

Hartford, CT  06141-0120

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-406FD/abg/08/28/2003