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Final Decision FIC2014-546
In the Matter of a Complaint by
FINAL DECISION
Alyssa Peterson,
     Complainant
     against
Docket #FIC 2014-546
Executive Director, State of Connecticut,
Commission on Human Rights and
Opportunities; Chairman, State of
Connecticut, Commission on Human Rights
and Opportunities; and State of
Connecticut, Commission on Human Rights
and Opportunities,
     Respondents
May 27, 2015

     The above-captioned matter was scheduled to be heard as a contested case on March 3, 2015, at which time the complainant and the respondents appeared.  However, the respondents submitted a motion to dismiss the above captioned complaint dated March 2, 2015, which motion was heard and argued by the parties, at the March 3, 2015, hearing.
     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 August 9, 2014 and received on August 15, 2014, the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information Act by failing to comply with her request to inspect certain records.
     3.  By motion dated and received on March 2, 2015, the respondents moved to have the complaint dismissed for lack of subject matter jurisdiction because the complaint was not timely filed.
     4.  Section 1-206, G.S., provides, in pertinent part that: 
(b)(1) Any person denied the right to inspect or copy records under section 1-210 … may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission.  A notice of appeal shall be filed not later than thirty days after such denial…
     5.  It is found that the complainant requested and received access to inspect certain records maintained by the respondents on or about August 16, 2013.  It is found that the complainant’s August 9, 2014 complaint, filed almost a year later, alleges, in essence, that certain records should have been made available to her at that time which were not.
     6.  It is found that the notice of appeal in this matter was not filed within thirty days of the alleged denial of access to inspect records as required by §1-206, G.S.  Accordingly, it is concluded that the Commission lacks subject matter jurisdiction in this matter.
     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 May 27, 2015.

__________________________
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:
Alyssa Peterson
297 Grandview Terrace
Hartford, CT  06114
Executive Director, State of Connecticut, Commission on
Human Rights and Opportunities; Chairman, State of
Connecticut, Commission on Human Rights and
Opportunities; and State of Connecticut, Commission
on Human Rights and Opportunities
c/o Kimberly Jacobsen, Esq.
25 Sigourney Street, 7th Floor
Hartford, CT  06106
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-546/FD/cac/5/27/2015