FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

            The above-captioned matter was heard as a contested case on November 24, 2009, at which time the complainant and respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, the above- captioned matter was consolidated with Docket # FIC 2009-536; Troy Thomas v. Internal Affairs Division, Police Department, City of Hartford; and Police Department, City of Hartford; and Docket # FIC 2009-567; Troy Thomas v. Mayor, City of Hartford; Office of the Mayor, City of Hartford; and City of Hartford.  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 respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      It is found that, by letter dated August 30, 2009, the complainant made a request to the respondents for the following:

 

[a] [A]ll City Hall’s requested [i]nvestigation of Raynette Little civilian complaint on Officer Ortiz;

 

[b] A copy of Raynette Little civilian complaint after her 9-2-04 arrest at City Hall;

 

[c] Date of her filed complaint to City Hall;

 

[d] Date’s [sic] of [i]nvestigation by City Hall of Raynette Little civilian complaint;

 

[e] Date and report of Mayor’s Office 9-10-04 [f]orwarded Raynette Little civilian complaint to H.P.D.;

 

[f] All date’s[sic] of phone calls and contact’s[sic] with Raynette Little due to civilian complaint;

 

[g] Copies of every paper or report by City Hall due to it’s [sic] [i]nvestigation on the civilian complaint;

 

[h] [A] copy of the disposition of Raynette Little 9-2-04 case with date’s[sic]; [and]

 

[i] [A] copy of Raynette Little original civilian complaint with City Hall and date’s [sic].

 

3.       By letter dated September 9, 2009, and filed on September 15, 2009, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of the records, described in paragraph 2, above. 

 

4.      At the hearing in this matter, the complainant stated that the records described in paragraphs 2.a, 2.c, 2.d, 2.e, 2.f, 2.g, 2.h and 2.i, above, are no longer at issue in this matter.  Accordingly, only the record described in paragraph 2.b, above, will be addressed herein.  

 

5.      Section 1-200(5), G.S., defines “public records or files” as:

 

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 that: 

 

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 . . . (3) receive a copy of such records in accordance with section 1-212….  Each such agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located or of the Secretary of the State, as the case may be.

 

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

 

8.      It is found that in early September 2004 a civilian complaint was filed with the Mayor’s Office for the City of Hartford by Raynette Little which was subsequently forwarded to the City of Hartford Police Department for an Internal Affairs investigation.

 

9.      It is found that the respondents did not receive the record described in paragraph 2.b, above.

 

10.  It is found that, by letter dated September 1, 2009, the respondents acknowledged the complainant’s request as described in paragraph 2.b, above, and informed the complainant that “[s]uch documentation is not in this office and…will refer your request to the offices, agencies or departments of the City which might have such [records].”

 

11.  It is found that the respondents do not maintain or keep on file copies of the requested record as described in paragraph 2.b, above.   

 

12.  It is concluded that the respondents did not violate §1-210(a), G.S., as alleged in the complaint.

 

           

            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 August 11, 2010.

 

 

__________________________

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:

 

Troy Thomas, #216082

Osborn Correctional Institution

335 Bilton Road

PO Box 100

Somers, CT 06071

 

Office of the Corporation Counsel,

City of Hartford; and

City of Hartford

c/o Nathalie Feola-Guerrieri, Esq.

City of Hartford

Office of the Corporation Counsel

550 Main Street, Room 303

Hartford, CT 06103

 

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

FIC/2009-571FD/paj/8/13/2010