FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on January 13, 2006, at which time the complainant 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 of complaint dated October 4, 2005, and filed with the Commission on October 5, 2005, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act, by not providing her with records she requested via certified mail in a letter dated September 15, 2005. 

 

3.  It is found that the September 15, 2005 letter described in paragraph 2, above, was never delivered to the respondent, and that he did not review a copy of such letter until the date of the hearing in this matter. 

 

4.  Accordingly, it is necessarily concluded that the respondent did not violate the FOI Act, as alleged in the complaint in this matter.

 

5.  At the hearing in this matter, the respondent encouraged the complainant to submit her request for records to him, and stated that he would promptly respond to such request. 

 

  

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 complainant is not prohibited from submitting a new records request to the respondent and, if denied access to requested records, from filing a new complaint with the Commission. 

 

 

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:

 

Marty Calderon

PO Box 503

Norwalk, CT 06852

 

Chief, Police Department,

Town of East Haven

c/o Lawrence C. Sgrignari, Esq.

3127 Whitney Avenue

Hamden, CT 06518-2344

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2005-477FD/paj/8/2/2006