The above-captioned matter was heard as a contested case on October 11, 2011, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with Docket #FIC 2011-218, James Kottage et al. v. Department of Labor Relations, City of New Haven et al.

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 of complaint filed April 27, 2011, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his request for a public record.

3. It is found that, by letter dated April 8, 2011, the complainant requested from the respondents “Letter for AC Egan to State of CT regarding Mathew Marcarelli concerning Paramedic license.”

4.  Section 1-200(5), G.S., provides:

     “Public records or files” means 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 . . . or (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 “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

7. It is found that the respondents conducted a diligent search, and did not locate any document 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 complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of February 8, 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:

James Kottage and New Haven Firefighters Local 825
c/o Patricia A. Cofrancesco, Esq.
89 Kimberly Avenue
East Haven, CT  06512

Department of Labor Relations,
City of New Haven; and City of New Haven
c/o Kathleen Foster, Esq.
Office of the Corporation Counsel
165 Church Street
New Haven, CT  06510

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission