FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Gerald Daniels,
Complainant
against Docket #FIC 94-112
Legislative and Administrative Assistant Advisor, State of Connecticut, Department of Public
Safety, Division of State Police,
Respondent December 29, 1994
The above-captioned matter was heard as a contested case on September 20, 1994, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.
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 1-18a(a), G.S.
2. By letter of complaint filed with this Commission on April 8, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying him access to certain records relating to internal affairs investigation 92-069 ("IA 92-069").
3. The records of IA 92-069 are public records within the meaning of 1-18a(d), G.S.
4. It is found that by letter dated March 25, 1994, the complainant requested of the respondent all records regarding IA 92-069 that had been previously withheld from him.
5. It is found that as of the time of the filing of the complainant's complaint in the instant matter, the respondent had not yet responded to him.
6. It is found that finally by letter dated April 15, 1994, the respondent responded to the complainant's request and partially complied therewith.
7. It is concluded that under the facts of this case, the
Docket #FIC 94-112 Page 2
respondent failed to comply with the complainant's request promptly within the meaning of 1-19(a), G.S.
8. It is also found that by letter dated May 17, 1994, the respondent delivered to the complainant copies of all records in its possession concerning IA 92-069.
9. At the hearing into this matter, the complainant claimed that the respondent must also have possession of a document containing the name of a police lieutenant who altered the investigation as well as the name of a third party complainant, based on his belief that certain information is supposed to be gathered in the course of such an investigation.
10. It is found, however, that the respondent provided to the complainant all records concerning IA 92-069 in its possession.
11. It is accordingly concluded that the respondent is not in violation of the provision of the FOI Act for failing to provide to the complainant all records in its possession concerning IA 92-069.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Henceforth the respondent shall strictly comply with the promptness provisions of 1-19(a), G.S.
2. With respect to the allegation that the respondent failed to provide to the complainant all records concerning IA 92-069, the complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of December 28, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-112 Page 3
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:
GERALD DANIELS
c/o Robert J. Krzys, Esq.
Connecticut State Police Union
2138 Silas Deane Highway
Rocky Hill, CT 06067
LEGISLATIVE AND ADMINISTRATIVE ASSISTANT ADVISOR, STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF STATE POLICE
c/o Margaret Quilter Chapple, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
Debra L. Rembowski
Clerk of the Commission