FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on November 15, 2005, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The case caption has been amended to reflect the correct name of the respondent.

 

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

 

1.  It is found that the complainant hand-delivered a letter to the respondent on July 15, 2005, wherein she requested copies of all of her son’s records. 

 

2.  It is found that the complainant was not given immediate access to such records on July 15, 2005.

 

3.  By letter dated and filed via fax on August 22, 2005, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information Act by not fully complying with the request described in paragraph 1, above. 

 

4.  Section 1-206(b)(1), G.S., provides in relevant part:

 

“[a]ny person denied the right to inspect or copy records …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.…”

 

5.  It is found that the complaint in this matter was not filed within thirty days of the alleged denial of records.  Accordingly, it is concluded that the Commission lacks subject matter jurisdiction in this matter.

 

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 July 26, 2006.

 

________________________________

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:

 

Maryanne DeVito and

Nicholas DeVito

Six Ethel Road

Trumbull, CT 06611

 

Behavioral Development and

Educational Services, LLC

c/o Lynne Guilmette, Program Supervisor

1335 Wood Avenue

Bridgeport, CT 06604

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-395FD/paj/8/2/2006