The above-captioned matter was heard as a contested case on October 7, 2011, at which time the complainant and respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  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, on February 14, 2011, the complainant made a request to the respondent governor for:

     any and all records created and/or generated by the Governor’s  Office…in regards to the [complainant’s] correspondence  addressed to Governor Dannel Malloy, dated January 12, 2011 and  titled “ONGOING CRIMINAL CONDUCT BY STATE DOC  EMPLOYEES AND DOC ADMINISTRATION’S REFUSAL  TO END THE MISCONDUCT OF THEIR EMPLOYEES’  ABUSE OF PRISONERS.”

     The complainant stated that his February 14th request was for records created and/or generated between January 12, 2011, and the date on which the governor received such request.

3. By letter dated February 28, 2011, and filed on March 1, 2011, 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 respondent governor.   

4. 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.

5. 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.

6. Section 1-212(a), G.S., provides in relevant part that “any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”

7. It is found that the records requested by the complainant, to the extent that they exist, are public records and must be disclosed in accordance with §§1-200(5), 1-210(a) and 1-212(a), G.S.

8. At the hearing, the respondents contended that they could not locate the complainant’s February 14th request, and that it was only the docketing of the complainant’s appeal by the Commission on July 6, 2011, that brought his request to their attention.  The respondents also contended that they did not possess any records responsive to the complainant’s February 14th request.       

9. It is found that, generally, when a FOI request is sent to the Office of the Governor, the respondents’ constituent services personnel forward the request directly to the General Counsel’s Office for handling.

10. It is found that the respondents’ constituent services personnel received and logged into their database the complainant’s January 12th letter described in paragraph 2, above.  It is also found that the respondents did not create or generate any records in response to such letter.

11. It is further found that neither the respondents’ constituent services personnel nor the General Counsel’s Office received a copy of the complainant’s February 14th request.

12. It is found that the respondents have no records responsive to the complainant’s request.

13. It is concluded, therefore, that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S., in this matter.

14. There is no basis for the imposition of a civil penalty 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 January 11, 2012.

__________________________
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:

Anthony Torres #246027
Northern Correctional Institution
287 Bilton Road
P.O. Box 665
Somers, CT  06071

Dannel P. Malloy, Governor, State of Connecticut, Office of the Governor; and
State of Connecticut, Office of the Governor
c/o Philip Miller, Esq.
Assistant Attorney General
Office of the Attorney General
55 Elm Street
Hartford, CT  06106

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission