The above-captioned matter was heard as a contested case on April 30, 2013, at which time the complainant and the respondents appeared, stipulated to certain facts 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 on July 1, 2012, the complainant requested “information related to all DUI arrests made by the State Police Troop L in June of 2012.”  It is found that the complainant specifically requested: “[a)] the name and address of the person arrested; [b)] the date, time and place of arrest and the offenses for which the person was arrested; and [c)] an arrest report, incident report, news release or other similar report of the arrest.”

     3.  It is found that the respondents acknowledged the complainant’s request on July 5, 2012.

     4.  It is found that on September 23, 2012, the complainant sent a reminder request referencing his request of July 1, 2012, described in paragraph 2, above.

     5.  It is found that on October 5, 2012, the respondents provided nine pages of records to the complainant. 

     6.  It is found that on October 13, 2012, the complainant wrote to the respondents, contending that they did not provide all of the records he requested.

     7.  By letter filed October 22, 2012, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with all the records he requested.

     8.  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.

     9.  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.

     10. 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.”

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

     12. It is found that while this matter was pending, the respondents developed and implemented a reasonable multi-step procedure to ensure diligent and prompt compliance with the complainant’s recurring requests for records for the DUI arrests by month for a particular troop of the State Police. 

     13. It is found that the respondents provided additional records to the complainant in satisfaction of his request for records, described in paragraph 2, above, on March 19, 2013.

     14. It is noted, however, that the respondents did not provide any records responsive to the complainant’s request, first made on July 1, 2012, for records of arrest of the previous month, until at least three months had elapsed.    It is found that such delay was not timely, and that the respondents were not prompt in complying with the complainant’s request.

     15. It is concluded, therefore, that the respondents violated the FOI Act by failing to provide records in a prompt manner to the complainant.

     16. Nevertheless, the Commission commends the respondents’ endeavors to implement a method to assure prompt compliance on an ongoing basis, as described in paragraph 12, above.

     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 promptly comply with the FOI Act.

Approved by Order of the Freedom of Information Commission at its regular meeting of June 26, 2013.

__________________________
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 Torlai
127 Barton Street
Torrington, CT  06790

Commissioner, State of Connecticut, Department of
Emergency Services and Public Protection; and State
of Connecticut, Department of Emergency Services
and Public Protection
c/o Terrence M. O’Neill, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-602/FD/cac/6/26/2013