FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Thomas P. Lally,

 

                                Complainant

 

                against                   Docket #FIC 95-185

 

Edward T. Arrington, Warden, Hartford Correctional Center,

 

                                Respondent                          February 14, 1996

 

                The above-captioned matter was heard as a contested case on December 6, 1995, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint, but the respondent failed to appear.

 

                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 dated May 16, 1995, the complainant requested that the respondent provide him with copies of "the documents wherein [you] describe the facts and/or information that you used to make your determination that I should be accused of the crime of larceny.  On January 5th and 7th I was interrogated and questioned by the State Police based upon your complaint."

 

                3.  By letter dated May 25, 1995, the respondent claimed that he had not referred the matter to the state police, and suggested that the complainant make an inquiry with the administration at the Northeast Correctional Center in Mansfield, Connecticut, where the complainant is employed.

 

                4.  By letter dated May 30, 1995 and filed June 1, 1995, the complainant appealed to the Commission and alleged that the respondent violated the FOI Act by denying his records request.

 

                5.  It is found that the complainant is legally blind and utilizes special equipment to perform his duties as an employee of the Department of Corrections, and that the complainant was subjected to an investigation by the state police concerning the location of that equipment in January 1995.

 

#FIC 95-185                                           Page 2

 

                6.  It is further found that the equipment utilized by the complainant is provided to him by the state Board of Education and Services for the Blind, and that the complainant is directly responsible for such equipment.

 

                7.  It is found that the respondent, who in January 1995 was the Director of Region II, referred certain allegations concerning the complainant to the state police for investigation.

 

                8.  The Commission, however, has insufficient evidence to  determine whether the complaint made to the state police was oral or written, or whether any documents exist which would be responsive to the complainant's request.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The respondent shall immediately conduct a search for any records which are responsive to the complainant's request, in whatever form, either within his possession or subject to his control, and to the extent such records exist, provide the complainant with copies of such records free of charge.

 

                2.  If the search ordered in paragraph 1 of the order, above, reveals that no records exist which are responsive to the complainant's request, then the respondent shall execute an affidavit detailing the particulars of his search and stating that no such documents exist, and provide the complainant with such affidavit within one week of the issuance of the final decision in this matter.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 14, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-185                                             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:

Thomas P. Lally

P.O. Box 674

Storrs, CT 06268

 

Edward T. Arrington, Warden

Hartford Correctional Center

177 Weston Street

Hartford, CT 06120

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission