FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

           

The above-captioned matter was heard as a contested case on December 4, 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.).  This matter was consolidated for hearing with docket #FIC 2007-279, Diego M. Vas II v. Commissioner, State of Connecticut, Department of Labor.  

 

            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 July 6, 2007, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying his request for public records.

 

            3.  It is found that the complainant made a written request on April 12, 2007 to the respondent for a copy of certain records pertaining to an inspection of Cheshire Correctional Institution’s kitchen conducted by the respondent.

 

4.  It is found that the respondent could not conduct such an inspection and did not have records responsive to the request, facts which the respondent communicated to the complainant on November 9, 2007. 

 

5.  It is concluded that the respondent did not violate the FOI Act.

 

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.

 

2.      The respondent is advised that common courtesy suggests a response to

requests for records within a reasonable amount of time, even if such records do not exist.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 23, 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:

 

Diego M. Vas II, #218580

Cheshire Correctional Institution

900 Highland Avenue

Cheshire, CT 06410

           

Commissioner, State of Connecticut,

Department of Public Health

c/o Kerry Anne Colson, Esq.

Assistant Attorney General

PO Box 120

Hartford, CT 06141-0120

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-382FD/paj/4/29/2008