Final Decision FIC2014-177
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In the Matter of a Complaint by |
FINAL DECISION | |
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Andre, Gill,
Complainant |
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against
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Docket #FIC 2014-177 | |
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Dora B. Schriro, Commissioner,
State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Respondents |
February 4, 2015 |
The above-captioned matter was heard as a contested case on September 25, 2014, at which time the complainant and respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. For purposes of hearing, the above- captioned matter was consolidated with Docket # FIC 2014-129; Andre Gill v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; and City of Hartford. The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction. See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC, et al., Superior Court, J.D., of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).
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. It is found that, by letter dated March 10, 2014, the complainant made a request to the respondents for the following records:
[a] …all warrants applied for that were/weren’t approved and executed by judge(s) signature[;]
[b] any and all written, video recorded, and audio recorded statements made by any and all witnesses pertaining to the above referenced case #11-40296[;]
[c] any and all criminal investigation reports of case #11-40296[;]
[d] any and all medical examiner’s reports, forensic reports, DNA reports, ballistics reports and gunshot residue reports of case #11-40296[;]
[e] any and all crime scene photos and autospy [sic] reports and photos of case #11-40296[;]
[f] an itemized list detailing everything that’s in the case file #11-40296[;]
[g] any and all AMR and/or EMS reports: Ambulance records, on November 18, 2011 of victim Fred Pines, D.O.B. 9/1/82 brought to Saint Francis Medical Center, Hartford, CT[; and]
[h] any and all records that pertain to case file #11-40296.
3. It is found that, by letter dated March 24, 2014, the respondents’ legal affairs unit informed the complainant that his request had been forwarded to their unit for review. In addition, it is found that the legal affairs unit advised the complainant that a search for records had been completed and they were unable to locate any records that were responsive to the complainant’s March 10th request, described in paragraph 2, above. They also suggested that the complainant contact the Hartford Police Department to obtain a copy of the records that he sought.
4. By letter dated March 25, 2014, and filed on March 31, 2014, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of the records, described in paragraph 2, above. The complainant also requested the imposition of civil penalties against the respondents.
5. Section 1-200(5), G.S., defines “public records or files” as:
any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
6. Section 1-210(a), G.S., provides in relevant part that:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours . . . (3) receive a copy of such records in accordance with section 1-212.
7. Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”
8. It is found that, by letter dated July 15, 2014, the respondents’ legal affairs unit informed the complainant that as of July 15th, they had conducted a second search and did not locate any records that were responsive to his March 10th request. In addition, it is found that the legal affairs unit again suggested that the complainant contact the Hartford Police Department to obtain a copy of the records that he sought as the Hartford Police Department was the arresting agency.
9. At the hearing, the respondents testified, and it is found, that both of the respondents’ searches consisted of a search of the respondents’ crime analysis and law enforcement databases using the complainant’s name and date of birth, case number and victim’s name. It is found that the respondents did not locate any records responsive to the complainant’s request.
10. It is found that the respondents do not maintain or keep any records on file that are responsive to the complainant’s request.
11. It is concluded, therefore, that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S., as alleged by the complainant.
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 special meeting of February 4, 2015.
Approved by Order of the Freedom of Information Commission at its special meeting of February 4, 2015.
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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.
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:
Andre Gill #269822
MacDougall-Walker Correctional Institution
1153 East Street South
Suffield, CT 06080
MacDougall-Walker Correctional Institution
1153 East Street South
Suffield, CT 06080
Dora B. Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
c/o Steven M. Barry, Esq.
Assistant Attorney General
Office of the Attorney General
110 Sherman Street
Hartford, CT 06105
c/o Steven M. Barry, Esq.
Assistant Attorney General
Office of the Attorney General
110 Sherman Street
Hartford, CT 06105
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2014-177FD/cac/2/4/2015