FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on November 20, 2007, at which time the complainant and the respondent appeared and presented testimony 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, 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 dated April 6, 2007, the complainant requested that the respondent provide him with a copy of case file number 94-53063 (hereinafter “the requested record”) that related to a weapon used in the complainant’s trial in case file number 94-52891.

 

3.  By letter dated on or about May 2, 2007, the respondent informed the complainant that the requested record was purged pursuant to Connecticut’s record retention schedule, and the file no longer existed.

 

4.  By letter of complaint dated May 2, 2007, and filed on May 7, 2007, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to comply with his request, described in paragraph 2, above.

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

[e]xcept 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 receive a copy of such records in accordance with the provisions of section 1-212. 

6.  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. . . ."

7.  At the hearing on this matter, the respondent maintained that the complainant was provided with all the records responsive to his request that are maintained by the respondent and that no other records exist.

8.  The complainant maintains that the files relating to the requested record were improperly destroyed, arguing that under state statute, the respondent was precluded from destroying the file for a period of 35 years, and said period had not elapsed.

9.  The respondent maintains that the requested record was properly destroyed pursuant to Connecticut records retention schedule because the files date back to 1994.

10.  It is found that all files relating to the requested record were destroyed prior to the request described in paragraph 2, above and that the respondent’s failure to provide records in response to the complainant’s request did not violate §§1-210(a) or 1-212(a), G.S., as alleged by the complainant.

11.  It is concluded that matters regarding the retention and destruction of public records are within the purview of the State Public Records Administrator, pursuant to §11-8a, G.S.

12.  It is concluded that the respondent did not violate §§1-210(a) or 1-212(a), G.S., as alleged by the complainant, since at the time of the request, the respondent did not maintain a copy of the requested record.

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 February 13, 2008.

 

________________________________

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:

 

Clyde Meikle, #186805

Cheshire Correctional Institution

900 Highland Avenue

Cheshire, CT 06410

           

Chief, Police Department,

City of Hartford

c/o Helen Apostolidis, Esq.

Office of the Corporation Counsel

550 Main Street

Hartford, CT 06103

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-269FD/paj/2/20/2008