Edward Peruta
Regular Member
Monday, April 09, 2012
Freedom of Information Commission
18-20 Trinity Street
Hartford, CT 06106
Freedom of Information Complaint and request for Maximum Civil Penalties
Since the middle of January 2012, American News and Information, (though FOI requests made by Edward Peruta and Attorney Rachel M. Baird,) has been continuously investigating several issues involving requests for Criminal History Background checks.
There is currently a pending FOI complaint with (Clifton.Leonhardt@ct.gov) related to this topic:
From: Edward Peruta [mailto:edperuta@amcable.tv]
Sent: Friday, January 20, 2012 5:31 AM
To: 'foi@ct.gov'
Cc: 'Rachel M. Baird'; 'attorney.general@ct.gov'
Subject: FOI Complaint regarding PROMPT ACCESS, DENIAL OF ACCESS TO PUBLIC INFORMATION, FAILURE TO PROVIDE IN SORTABLE MICROSOFT WORD OR EXCEL FORMAT IN A TIMELY MANNER.
Issues of the pending January FOI complaint
Prompt Access
Providing initial information that was false and misleading regarding the length of the backlog(last week of November vs. October 3[SUP]rd[/SUP] of 2011)
Converting the public records to a form that prevents sorting and evaluation. (PDF vs. Word or Excel)
Failing to follow the letter of the law and the words contained in same.
The pending complaint cannot be resolved due to the current issues contained in this complaint.
American News and Information has no objection to combining these issues to save time and resources for all parties and agencies involved.
All of the FOI requests made culminated in emails received within the previous 30 days preceding this complaint.
A series of email documents will evidence the various requests, records provided and the information that has been denied.
The requests were made in writing and verbally to and through Attorney Thomas Hatfield to DESPP Commissioner Ruben Bradford, SPBI Office Supervisor Cynthia Powell, Attorney Dawn Hillier DESPP Legal Affairs and Attorney Thomas Hatfield in the DESPP Legal Affairs Unit.
MAXIMUM CIVIL PENALTIES ARE REQUESTED IN THIS COMPLAINT.
The requests were made for prompt access to public records contained in a Microsoft Access Database under the control of Commissioner Ruben Bradford and his designated SPBI Supervisor Cynthia Powell.
The request(s) are self explanatory and specific in explaining exactly what was requested.
DENIAL OF RESONABLY PROMPT ACCESS:
The various requests were NOT provided in a reasonably prompt manner, and did not include information that was in existence at the time the requests were made to and received by DESPP.
The delay in providing prompt access for “the programming to extract the information requested.” as stated in an email of Tue 3/13/2012 12:18 PM was used to seek the destruction of all information requested.
QUESTIONABLE and possible CRIMINAL DESTRUCTION OF REQUESTED PUBLIC REORDS:
Commissioner Ruben Bradford failed to supervise his SPBI Supervisor Cynthia Powell which permitted her to seek destruction of information subject to several pending FOI requests.
The March 5, 2012 date on the destruction request is at best questionable and will need to be explored by questioning SPBI Office Supervisor Cynthia Powell under oath at a hearing, together with testimony from Le Ann Power the current Public Records Administrator for the State of Connecticut.
DENIAL OF NON EXEMPT PUBLIC RECORD INFORMATION:
Attorney Thomas Hatfield has refused to divulge the names of individuals with backlogged pending State Criminal History Records Checks, (as of January 18, 2012), out of his misguided belief that doing so would “eviscerate” the privacy provisions that attach AFTER a Permit to Carry Pistols and Revolvers is issued.
It is a common occurrence during the process to obtain a Permit to Carry Pistols and Revolvers for law enforcement to disclose the applicants name, address and desire to obtain a pistol permit as documented in a letter from the City Attorney of Waterbury to CTCARRY Ind. Dated March 29, 2012.
FAILURE TO PROVIDE/EXPORT PUBLIC RECORDS IN THE REQUESTED FILE FORMAT:
The records/information requested are maintained in a computer database, (MICROSOFT ACCESS), capable of exporting the requested information in one or more formats that permit sorting for investigative purposes.
Attorney Thomas Hatfield in several emails, has stated without explanation that the records were provided in PDF format due to consideration of the resources needed to provide them in the format(s) requested.
I authorized Attorney Rachel M. Baird, (General Counsel for American News), to act in behalf of American News and Edward Peruta in this complaint.
The evidenced to be presented at any hearing will involve the emails exchanged between those involved.
All correspondence regarding this complaint should be directed to:
Attorney Rachel M. Baird
379 Prospect Street
Torrington, Connecticut
860-626-9991
rbaird@rachelbairdlaw.com
Filed By: Edward Peruta and American News
Freedom of Information Commission
18-20 Trinity Street
Hartford, CT 06106
Freedom of Information Complaint and request for Maximum Civil Penalties
Since the middle of January 2012, American News and Information, (though FOI requests made by Edward Peruta and Attorney Rachel M. Baird,) has been continuously investigating several issues involving requests for Criminal History Background checks.
There is currently a pending FOI complaint with (Clifton.Leonhardt@ct.gov) related to this topic:
From: Edward Peruta [mailto:edperuta@amcable.tv]
Sent: Friday, January 20, 2012 5:31 AM
To: 'foi@ct.gov'
Cc: 'Rachel M. Baird'; 'attorney.general@ct.gov'
Subject: FOI Complaint regarding PROMPT ACCESS, DENIAL OF ACCESS TO PUBLIC INFORMATION, FAILURE TO PROVIDE IN SORTABLE MICROSOFT WORD OR EXCEL FORMAT IN A TIMELY MANNER.
Issues of the pending January FOI complaint
Prompt Access
Providing initial information that was false and misleading regarding the length of the backlog(last week of November vs. October 3[SUP]rd[/SUP] of 2011)
Converting the public records to a form that prevents sorting and evaluation. (PDF vs. Word or Excel)
Failing to follow the letter of the law and the words contained in same.
The pending complaint cannot be resolved due to the current issues contained in this complaint.
American News and Information has no objection to combining these issues to save time and resources for all parties and agencies involved.
All of the FOI requests made culminated in emails received within the previous 30 days preceding this complaint.
A series of email documents will evidence the various requests, records provided and the information that has been denied.
The requests were made in writing and verbally to and through Attorney Thomas Hatfield to DESPP Commissioner Ruben Bradford, SPBI Office Supervisor Cynthia Powell, Attorney Dawn Hillier DESPP Legal Affairs and Attorney Thomas Hatfield in the DESPP Legal Affairs Unit.
MAXIMUM CIVIL PENALTIES ARE REQUESTED IN THIS COMPLAINT.
The requests were made for prompt access to public records contained in a Microsoft Access Database under the control of Commissioner Ruben Bradford and his designated SPBI Supervisor Cynthia Powell.
The request(s) are self explanatory and specific in explaining exactly what was requested.
DENIAL OF RESONABLY PROMPT ACCESS:
The various requests were NOT provided in a reasonably prompt manner, and did not include information that was in existence at the time the requests were made to and received by DESPP.
The delay in providing prompt access for “the programming to extract the information requested.” as stated in an email of Tue 3/13/2012 12:18 PM was used to seek the destruction of all information requested.
QUESTIONABLE and possible CRIMINAL DESTRUCTION OF REQUESTED PUBLIC REORDS:
Commissioner Ruben Bradford failed to supervise his SPBI Supervisor Cynthia Powell which permitted her to seek destruction of information subject to several pending FOI requests.
The March 5, 2012 date on the destruction request is at best questionable and will need to be explored by questioning SPBI Office Supervisor Cynthia Powell under oath at a hearing, together with testimony from Le Ann Power the current Public Records Administrator for the State of Connecticut.
DENIAL OF NON EXEMPT PUBLIC RECORD INFORMATION:
Attorney Thomas Hatfield has refused to divulge the names of individuals with backlogged pending State Criminal History Records Checks, (as of January 18, 2012), out of his misguided belief that doing so would “eviscerate” the privacy provisions that attach AFTER a Permit to Carry Pistols and Revolvers is issued.
It is a common occurrence during the process to obtain a Permit to Carry Pistols and Revolvers for law enforcement to disclose the applicants name, address and desire to obtain a pistol permit as documented in a letter from the City Attorney of Waterbury to CTCARRY Ind. Dated March 29, 2012.
FAILURE TO PROVIDE/EXPORT PUBLIC RECORDS IN THE REQUESTED FILE FORMAT:
The records/information requested are maintained in a computer database, (MICROSOFT ACCESS), capable of exporting the requested information in one or more formats that permit sorting for investigative purposes.
Attorney Thomas Hatfield in several emails, has stated without explanation that the records were provided in PDF format due to consideration of the resources needed to provide them in the format(s) requested.
I authorized Attorney Rachel M. Baird, (General Counsel for American News), to act in behalf of American News and Edward Peruta in this complaint.
The evidenced to be presented at any hearing will involve the emails exchanged between those involved.
All correspondence regarding this complaint should be directed to:
Attorney Rachel M. Baird
379 Prospect Street
Torrington, Connecticut
860-626-9991
rbaird@rachelbairdlaw.com
Filed By: Edward Peruta and American News
