FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
David T. Connolly,
Complainant
against Docket
#FIC 95-350
Michael Kozlowski,
Commissioner, State of
Connecticut, Department of
Motor Vehicles,
Respondent April 24, 1996
The above-captioned matter was heard as a contested
case on March 5, 1996, at which time the complainant and the respondent
appeared, stipulated to certain facts 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 dated October 4, 1995 and filed with the Commission on October 10,
1995, the complainant appealed to the Commission alleging that the respondent
violated the Freedom of Information ("FOI") Act by denying him access
to copies of records.
3. It is
found that by letter dated September 1, 1995, the complainant requested that
the respondent provide him with Department of Motor Vehicles ("DMV")
codes or statutes concerning whether:
a a
citizen can travel freely on the roads in an automobile without an operator's
license;
b. within
the DMV codes and/or statutes a citizen is required to register his or her
non-commercial automobile to travel on the roads or interstate;
c. when
a citizen signs a Connecticut driver's license application does he or she
certify that they are a resident of the "State of Forum" of the DMV;
and
d. when
a citizen signs a Connecticut driver's license does one relinquish a portion of
their sovereignty.
In the request described in
paragraph 3, above, the complainant requested that if there are no documents responsive
to his request that the respondent provide him with a written response. The complainant requested in his complaint
that the Commission impose a civil penalty against the respondent.
4. It is
found that the respondent has no record of having received the September 1,
1995 request and that the complainant has no proof of delivery or receipt of
such request by the respondent.
5. It is
found that on November 15, 1995 the respondent received from the complainant a
request similar to that described in paragraph 3, above, with the exception
that the request was made under the provisions of the Federal Freedom of
Information Act.
6. It is
found that in response to the November 15, 1995 letter, described in paragraph
5, above, the respondent by letter dated November 21, 1995 informed the
complainant that the only records maintained by the respondent responsive to
his request are the Connecticut General Statutes, and enclosed a copy of the
pertinent portions such statutes.
7. At the
hearing on this matter, the complainant clarified his request by indicating
that he wants all records maintained by the respondent that give the DMV the
power to strip the complainant of his right to uninhibited travel.
8. It is
found that the respondent does not maintain any records responsive to the
complainant's request as described in paragraphs 3 and 8, above, which it has
not provided to the complainant.
9. The
complainant contends that his application for a license being maintained by the
respondent is an example of a record which the respondent has not provided to
him.
10. It is
found however, that the complainant has not made a request to the respondent
for a copy of his application for a license.
11. At the
hearing on this matter, the respondent indicated its continued willingness to
provide the complainant with access to non-exempt records maintained by the
respondent.
12. It is
concluded that the respondent did not violate 1-15 and 1-19(a), G.S.,
as he responded to the complainant's request and provided him with access to a
copy of the records presently maintained which are responsive to such request.
Docket #FIV 95-350 Page 3
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 April 24, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-350 Page
4
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:
David T. Connolly
45 Dogwood Circle
Woodbridge, CT 06525
Michael Kozlowski,
Commissioner, State of Connecticut, Department of Motor Vehicles
60 State Street
Wethersfield, CT 06162
Elizabeth A. Leifert
Acting Clerk of the Commission