FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Len Butler,
Complainant
against Docket #FIC 86-164
Connecticut
State's Attorney, Judicial District of Waterbury,
Respondent November 18, 1986
The above-captioned matter was heard
as a contested case on July 10, 1986, at which time the complainant and the
respondent appeared and presented testimony, exhibits and argument on the
complaint.
After consideration of the entire
matter, the following facts are found:
1. By
letter of complaint filed with the Commission on June 5, 1986 the complainant
alleged that the respondent had denied him access to records relating to the
State of Connecticut's prosecution of one Michael Denby in connection with the
death of the complainant's brother.
2. By
letter dated May 29, 1986 the respondent informed the complainant, with respect
to the requested records, that "they are either nonexistent or this office
does not have access to them if they are in existence."
3. Pursuant
to 1-19c, G.S. the respondent is not deemed to be a public agency except
in respect to its administrative functions.
4. It
is found that records of the criminal prosecution of Mr. Denby would not relate
to the administrative functions of the respondent.
5. It
is concluded that with respect to the records requested the respondent is not a
public agency within the meaning of 1-18a(a), G.S. and that the
Commission, therefore, lacks jurisdiction over the complaint.
Docket #FIC
86-164 Page Two
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 for lack of jurisdiction.
Approved by order of the Freedom of
Information Commission at its special meeting of November 18, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission