FIC2007-114

In the Matter of a Complaint by			FINAL DECISION
Richard Quint,
		Complainant
	against		Docket #FIC 2007-114
James Dzurenda, Warden, State of Connecticut, Department of Correction, Garner Correctional Institution,
		Respondent	December 12, 2007

The above-captioned matter was scheduled for hearing as a contested case on September 20, 2007, at which time both the complainant and the respondent appeared. The complainant, who was 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, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).

An introductory review of the allegations presented by the complaint was conducted on the record, including some testimony, the introduction of six exhibits, and preliminary reference to relevant law. Following this review, the parties agreed to go off the record so the respondent could confer with his counsel.

As a result of the off the record deliberations, the respondent agreed on the record to send to the complainant, without any redactions, three pages of requested records, which had previously been furnished in redacted form. (These records concern a shakedown of the complainant on January 15, 2007 in cell E-115.)

Moreover, pursuant to a commitment on the record at the hearing, Joan Ellis of the Department of Correction wrote a letter dated September 27, 2007 stating that no copies of videotapes were found as a result of a "thorough search [...] for copies of the mediplex camera system tapes for the period of 3:00 p.m. to 4 p.m. on January 15, 2007." Since these requested records no longer exist, the respondent's claim of a security exemption (§1-210(b)(18), G.S.) concerning these videotapes is moot.

The complainant's January 25, 2007 request letter is the basis for his complaint in this matter. The complainant stated on the record that the only other records requested in his January 25, 2007 letter, which are described at item 3, were simply another description of the same records discussed above in the third paragraph. Accordingly, the records request at item 3 of the January 25, 2007 letter was satisfied as stated above. In sum, the complainant has received all records that still exist within the scope of his January 25, 2007 request letter.

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

1. Based upon the forgoing, and the Ellis letter that the mediplex camera system tapes no longer exist, the case is hereby dismissed.

2. The Commission commends the parties on having reached a settlement in this matter without full adjudication.

Approved by Order of the Freedom of Information Commission at its regular meeting of December 12, 2007.

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.