The above-captioned matter was heard as a contested case on March 13, 2012, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this matter was consolidated with Docket #FIC 2011-592; Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook.

     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 November 15, 2011, the complainant made a written request for a copy of several incident reports and asked for a waiver of all copying fees because he is indigent.

     3. By letter filed December 2, 2011, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide the records he requested, described in paragraph 2, above. 

     4. Section 1-200(5), G.S., defines “public records” as follows:

          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, …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:

          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 inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212.

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

     7.  It is concluded that the records requested by the complainant are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

     8. It is found that on March 8, 2012, the respondents provided the incident reports to the complainant that he requested on November 15, 2011.  It is found that the respondents provided the records to the complainant free of charge.

     9. The complainant alleges that the respondents failed to provide the records promptly and that they did not provide all of the records that they maintain.

     10. It is found that the records requested by the complainant were the subject of several previous appeals to the FOI Commission.  It is found that in none of those cases did the Commission find that the respondents failed to provide all of the records that they maintain. See, Docket #FIC 2008-275, Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook; Docket #FIC 2008-400, Lamberto Lucarelli v. Public Works Department, Town of Old Saybrook; Docket #FIC 2008-631; Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook; and Docket #FIC 2008-701; Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; Police Department, Town of Old Saybrook; and Town Counsel, Town of Old Saybrook.

     11. It is found that the respondents inadvertently failed to comply with the complainant’s request.  It is found that, although the respondents had already provided the records to the complainant on previous occasions, their compliance in response to this particular request was not prompt.

     12. It is concluded, therefore, that the respondents violated the promptness requirements of the FOI Act.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1.  Based on the facts and circumstances of this matter, the Commission declines to make an order.

Approved by Order of the Freedom of Information Commission at its regular meeting of July 25, 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:

Lamberto Lucarelli
21 Howard Street
Old Saybrook, CT  06475

Chief, Police Department, Town of Old Saybrook; and
Police Department, Town of Old Saybrook
c/o Michael E. Cronin, Jr. Esq.
201 Main Street
P.O. Box 454
Old Saybrook, CT  06475

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-653/FD/cac/7/25/2012