FIC2007-565

FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Jeffery Moore,
		Complainant
	against		Docket #FIC 2007-565
Chief, Police Department, City of Norwalk; and Police Department, City of Norwalk,
		Respondents	July 23, 2008

The above-captioned matter was heard as a contested case on March 25, 2008, at which time the complainant and the respondents 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 2007-411, Jeffery Moore v. Chief, Police Department, City of Norwalk et al. The proposed decision in this matter and the proposed decision in docket #FIC 2007-411 were inadvertently not issued simultaneously.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondents are public agencies within the meaning of §1-200(1), G.S.

2. The Commission takes administrative notice of its record and final decision in docket #FIC 2007-411, Jeffery Moore v. Chief, Police Department, City of Norwalk et al.

3. By letter of complaint filed October 17, 2007, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to reply to his September 27, 2007 request for public records.

4. It is found that the complainant made a previous written request to the respondents dated July 23, 2007 for certain records related to his arrest, and the search incident to that arrest. That request was the subject of docket #FIC 2007-411.

5. It is found that the complainant made another written request to the respondents dated September 27, 2007 for any and all records relating to his arrest.

6. It is found that, although the complainant’s September 27, 2007 request was arguably broader than his July 23, 2007 request, the respondent’s search in response to both requests was for all records relating to his arrest, and relating to the search incident to that arrest.

7. The Commission’s final decision in docket #FIC 2007-411 concluded that, with the exception of the redaction of two names, the respondents had conducted a diligent search for the requested records, had provided all the requested records that existed to the complainant, and had been clear in explaining to the complainant what records did and did not exist.

8. The Commission’s final decision in docket #FIC 2007-411 also concluded that the respondents had not promptly responded to the complainant’s July 23, 2007 request.

9. It is found that the respondents did promptly respond to the complainant’s September 27, 2007 request.

10. It is concluded that all other issues regarding the complainant’s September 27, 2007 request were fully decided in docket #FIC 2007-411.

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 July 23, 2008.

____________________________

S. Wilson

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:

Jeffery Moore

Maple Street Halfway Home

575 Maple Street

Bridgeport, CT 06608

Chief, Police Department,

City of Norwalk

c/o M. Jeffry Spahr, Esq.

Norwalk Corporation Counsel #4

P. O. Box 798

Norwalk, CT 06856

Police Department,