FOI: FIC2015-223

Final Decision FIC2015-223
 
In the Matter of a Complaint by
FINAL DECISION
 
Kacey Lewis,
     Complainant
 
     against
 
Docket #FIC 2015-223
Commissioner, State of Connecticut,
Department of Correction; and State of
Connecticut, Department of Correction,
     Respondents
 
 
 
February 10, 2016
 

     The above-captioned matter was heard as a contested case on December 7, 2015, at which time the respondents appeared and presented argument on the complaint.  The complainant, who is incarcerated, was scheduled to appear via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).  However, repeated calls to the telephone number supplied by Department of Correction at Cheshire Correctional Institution went unanswered.
 
     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 March 24, 2014, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by demanding payment for records responsive to his November 18, 2014 request to inspect certain records.
 
     3. The Commission takes administrative notice of its records, including its final decision, in Docket #FIC2014-899, Kacey Lewis v. Commissioner, State of Connecticut, Department of Correction et al., which case stemmed from the same November 18, 2014 request.
 
     4. The Commission takes administrative notice of the fact that the complainant made a November 18, 2014 request to the respondents to review and inspect records compiled by the respondents in connection with the use of restraints and/or force applied to the complainant by staff at Corrigan Correctional Institution between October 24, 2014 and October 27, 2014.
 
     5. The Commission takes administrative notice of the fact that the complainant filed a complaint concerning the November 18, 2014 request that was heard on August 17 and October 16, 2015 as Docket #FIC 2014-899, Kacey Lewis v. Commissioner, State of Connecticut, Department of Correction et al.
 
     6. The Commission also takes administrative notice of the fact that, although the issue of the respondents’ demand for payment was not raised in his initial complaint to the Commission in Docket #FIC 2014-899, the complainant presented evidence and argument on August 17 and October 16, 2015 in Docket #FIC 2014-899 that the respondents had demanded payment for the requested records.
 
     7. The Commission also takes administrative notice of paragraph 4 of its final decision in Docket #FIC 2014-899, which resolved the issue of the respondents’ demand for payment as follows:
The respondents initially demanded payment for copies of the records, but that demand was ultimately withdrawn, and the complainant withdrew any claim concerning that demand for payment.
     8. It is therefore concluded that the issue of the respondents’ initial demand for payment in response to the complainant’s November 18, 2014 request was fully adjudicated in Docket #FIC 2014-899.
 
     9. The Commission notes that the issue of the respondents’ initial demand for payment had not been heard or decided at the time the complainant filed his complaint in this matter, and that this complaint therefore was, at the time he filed it, a reasonable way to raise the issue.
 
     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 10, 2016.
 
 
 
__________________________
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:
 
Kacey Lewis #165480
Garner Correctional Institution
50 Nunnawauk Road
Newtown, CT  06470
 
Commissioner, State of Connecticut, Department of Correction;
and State of Connecticut, Department of Correction
24 Wolcott Hill Road
Wethersfield, CT  06109
 
 
 
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
 
 
 
 
FIC/2015-223/FD/cac/2/10/2016




Content Last Modified on 2/22/2016 3:42:03 PM