Final Decision FIC2014-414
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In the Matter of a Complaint by |
FINAL DECISION | |
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Seth Wolfe,
Complainant |
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against
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Docket #FIC 2014-414 | |
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Chief, Police Department, Town of
Clinton; Police Department, Town of Clinton; and Town of Clinton, Respondents |
April 8, 2015 |
The above-captioned matter was heard as a contested case on January 29, 2015, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The matter was consolidated for hearing with Docket #FIC 2014-407; Seth Wolfe v. Chief, Police Department, Town of Clinton; Chairman, Board of Police Commissioners, Town of Clinton; Police Department, Town of Clinton; and Town of Clinton.
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 May 29, 2014, the complainant requested a copy of an application for a certain arrest warrant and a copy of any record indicating that such warrant was denied.
3. It is found that on May 30, 2014, the respondents sent the request to their attorney, who acknowledged receipt of the request on the same date.
4. By letter filed June 30, 2014, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to promptly provide him with the records he requested.
5. 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, …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:
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.
7. Section 1-212(a), G.S., provides in relevant part: “Any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”
8. 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.
9. It is found that, due to an oversight, the respondents’ attorney did not provide the complainant with a copy of the records he requested until October 15, 2014.
10. The respondents conceded, and it is found, that the respondents failed to provide records promptly to the complainant.
11. It is concluded, therefore, that the respondents violated the promptness requirements of §§1-210(a) and 1-212(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondents shall strictly comply with the promptness requirements of §§1-210(a) and 1-212(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 8, 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.
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:
Seth Wolfe
144 East Main Street
#24D
Clinton, CT 06413
144 East Main Street
#24D
Clinton, CT 06413
Chief, Police Department, Town of Clinton; Police
Department, Town of Clinton; and Town of Clinton
c/o John S. Bennet, Esq.
Gould, Larson, Bennet, Wells & McDonnell
P.O. Box 959
Essex, CT 06426
Department, Town of Clinton; and Town of Clinton
c/o John S. Bennet, Esq.
Gould, Larson, Bennet, Wells & McDonnell
P.O. Box 959
Essex, CT 06426
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2014-414/FD/cac/4/8/2015