FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was heard as a contested case on February 16, 2007, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.   The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See  Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford,  Corrected Order dated January 27, 2004 (Sheldon, J.). 

 

            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 filed September 8, 2006, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to provide a copy of a requested record.

           

3.  It is found that the complainant made a June 8, 2006 written request to the respondent for the following:

 

… a copy of the portion of the policy and procedure manual which instructs police on how to deal with [Department of Correction] notification that an inmate is being released on a re-entry furlough.

 

4.  It is found that the respondent replied by letter dated November 14, 2006 that it did not have the requested record.

 

5.  Section 1-200(5), G.S., provides:

 

    “Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

6.  Section 1-210(a), G.S., provides in relevant part:

 

    Except 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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

7.  Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

8.  The complainant believes that the respondent must or should maintain the requested records, because of a Department of Correction (“DOC”) directive concerning notification of local police departments of inmate releases.

 

9.  It is found that the respondent receives weekly bulletins from the Connecticut Intelligence Center, not the DOC, that includes information about inmates being released into the community.  

 

10.  It is found, however, that the respondent’s policy and procedure manual does not contain the requested information; and that the respondent does not have any policy or procedure records that are responsive to the complainant’s request.

 

            11.  It is concluded that the respondent did not violate §§1-210(a) or 1-212(a), G.S.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 22, 2007.

 

 

________________________________

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:

 

John M. Sylvia, III, #208614

Garner Correctional Institution

50 Nunnawauk Road

Newtown, CT 06470

 

Ronald M. Quagliani, Chief,

Police Department,

City of West Haven

c/o Henry C. Szadkowski, Esq.

West Haven Corporation Counsel

355 Main Street

West Haven, CT 06516

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2006-455FD/paj/8/28/2007