FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on September 27, 2011 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.). 

 

Pursuant to §1-21j-37(d) of the Regulations of Connecticut State Agencies and on her own motion, the hearing officer has taken administrative notice of the record, decision and order in Docket #FIC 2010-497, Kacey Lewis v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury, which addressed the same public records at issue in the above-captioned matter.  Further, pursuant to §1-21j-37(e) of the same regulations, the exhibits in that case are hereby made exhibits in the above-captioned matter.

 

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.      By letter dated July 12, 2010, the complainant submitted a request to the Waterbury Police Department for a copy of any and all documentation, including the audio recording, related to the 911 call that was recorded on July 21, 2009 at 12:33 a.m. - caller site Willow Street and Hillside Avenue, City of Waterbury.

 

3.      It is found that pursuant to §1-210(c), G.S., the Waterbury Police Department notified the Commissioner of the respondent department, in the manner prescribed by the Commissioner, before complying with the complainant’s request.

 

4.      It is found that pursuant to the notification prescribed by the respondent Commissioner, the Waterbury Police Department delivered a copy of the requested records, which included a compact disk (CD), to the respondents.

 

5.      It is found that the respondents withheld the CD from the complainant and by letter dated September 30, 2010, the respondents returned the CD to the Waterbury Police Department stating that the CD could not be provided to the complainant.  It is found that a copy of that letter was provided to the complainant. 

 

6.      It is found that by letter dated October 7, 2010, the complainant asked the respondents to provide a more detailed explanation of why the CD was withheld and why he could not listen to the CD in the alternative.  It is found that by letter dated October 19, 2010, the respondents explained that pursuant to Administrative Directive 6.10 Inmate Property, “hand made” discs are not permitted within the inmate population, however, his request to listen to the CD was not addressed.

 

7.      By letter dated November 18, 2010, postmarked November 19, 2010 and filed on November 22, 2010, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying him access to the CD.

 

8.      Section 1-200(5), G. S., provides:

 

“Public records or files” means 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. 

 

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

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 . . . receive a copy of such records in accordance with section 1-212. 

 

10.   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.”

 

11.   It is found that the CD is a public record within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

 

12.  Notwithstanding the complainant’s contention that the respondents violated the FOI Act by denying him access to the CD, it is found that, on January 31, 2011, the complainant’s sister obtained the CD from the Waterbury Police Department on the complainant’s behalf. 

 

13.   Consequently, it is found that the complainant has received access to the CD pursuant to his request to the Waterbury Police Department. 

 

14.  It is concluded, therefore, that the complaint in this matter is moot because no practical relief may be granted to the complainant. 

 

15.  Thus, the Commission, in its discretion, declines to address the merits of 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 November 16, 2011.

 

__________________________

Cynthia A. Cannata

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:

 

Kacey Lewis #165480

Northern Correctional Center

287 Bilton Road

P.O. Box 665

Somers, CT  06071

 

Administrator, State of Connecticut, Department of Correction;

and State of Connecticut, Department of Correction

c/o James E. Neil, Esq.

State of Connecticut,

Department of Correction

24 Wolcott Hill Road

Wethersfield, CT  06109

 

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-732/FD/cac/11/16/2011