FIC2013-527

Due to public health concerns, CONTESTED CASE HEARINGS scheduled for the weeks of March 16 and March 23 are POSTPONED. The regular meeting of the FOI Commission scheduled for March 25, 2020, is CANCELED.

Final Decision FIC2013-527

In the Matter of a Complaint by		FINAL DECISION
Marlik Mourning, Complainant
against		Docket #FIC 2013-527
Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury, Respondents		May 14, 2014

The above-captioned matter was heard as a contested case on February 19, 2014, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.

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 August 20, 2013, the complainant requested copies of certain categories of records, numbered 1 through 7, related to “incident no. 03-62100.”

3. It is found that, by letter dated August 23, 2013, the respondents acknowledged the request, and informed the complainant that it would be reviewed to determine if responsive records exist.

4. By letter dated August 30, 2013 and filed September 3, 2013, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (FOI) Act by failing to comply with the requests for records, described in paragraph 2, above.

5. At the hearing in this matter, the complainant stated that he had received all records responsive to items 1 through 4 of the request, described in paragraph 2, above, and that he wished to withdraw his complaint as it relates to such records. Accordingly, the complaint as it relates to such records shall not be further addressed herein.

6. It is found that the respondents conducted a thorough search for records responsive to numbers 5 through 7 of the request, and that they maintain no records responsive to numbers 5 and 7 of such request.¹ It is further found that the respondents provided all records they maintain responsive to number 6 of the request.²

¹
"5. Any written document(s)…used to request that Marshall Robinson take any investigative or other action related to incident No. 03-62100 and/or Case No. 2005-001360." "7. Any and all manuals, trade materials or other reference materials...related to any Taurus model 85 revolvers that Sgt. Marshall Robinson reviewed or relied upon to make each and every conclusion in the Supplementary Report dated Jan. 7, 2005…."

²
"6. Any and all notes, photographs, photomicrographs, reports and/or any other records created by, for or at the direction of St. Marshall Robinson while he was investigating or preparing the Supplementary Report dated Jan. 7, 2005…."

7. Based upon the foregoing, it is concluded that the respondents did not violate the FOI Act as alleged in the complaint.

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 May 14, 2014.

__________________________
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:

Marlik Mourning
c/o William A. Adsit, Esq.
The Law Office of Christopher Duby, LLC
2558 Whitney Avenue, #203
Hamden, CT 06518

Chief, Police Department, City of Waterbury;
and Police Department, City of Waterbury
c/o Kevin J. Daly, Jr., Esq.
Office of Corporation Counsel
235 Grand Street
3rd Floor
Waterbury, CT 06702

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-527/FD/cac/5/14/2014

Connecticut Freedom of Information Commission