DPS fingerprinting backlog?

Stonewalling regarding fingerprint inrformation

Sent: Wednesday, January 18, 2012 9:05 AM
To: 'reuben.bradford@ct.gov'; Seth.Mancini@po.state.ct.us; 'DPS Dawn Hellier'; 'christina.lussier@po.state.ct.us'
Cc: 'attorney.general@ct.gov'; 'rbaird@rachelbairdlaw.com'; 'foi@ct.gov'
Subject: FW: Finger Print Status FOI #12-008

To: Commissioner Ruben Bradford, c/o Trooper Hatfield, Sgt. Mancini and Atty. Dawn Hellier,

As you know, this request was initially made on January 4[SUP]th[/SUP] 2012.

For the Record, I believe that the Commissioner is the proper “custodian of the records” and should be able to mandate compliance with state law regarding access to public records in his agency.

If the individuals you have asked have not complied with your request, you may find it advantageous to make the Commissioner aware of the situation.

Should this issue require that I file a complaint with the FOI and seek civil penalties against the Commissioner, please be prepared to explain and justify the current delays in providing the requested prompt access.

I have just left a verbal voice mail and requested that it be preserved for any possible FOI hearing regarding this request.

I am concerned that this FOI request may be delayed while FOI requests made after the initial request was made are honored and completed.

The information is time sensitive and involves a core constitutional right to acquire the Permit or Eligibility Certificate needed to exercise a core Federal and State Right to obtain and possess firearms in the home of those who are currently attempting to obtain same.

If I do not have a reasonable explanation for the current delay, I will file with the FOIC by the end of today or tomorrow.

Respectfully,

Edward A. Peruta
American News and Information Services Inc.
Via Email

$50,000.00 Voicemail from Trooper Thomas Hatfield

The following is a transcript of a phone message left by Trooper Thomas Hatfield regarding the current backlog of State and National Criminal History Records Checks regarding Applications for Permits to Carry Pistols and Revolvers.

Ed it’s Tom I’m calling you back um anyway I did get your message previously from this morning and ah I’m working on it looks like there’s over a thousand of these things so, I’ll talk to you soon bye.One has to wonder how this backlog was allowed to get this out of hand.

The fees were paid and may represent $50,000 dollarsin revenue to the State of Connecticut based on the fees collected at $50.00 per request.

Ed Peruta

There is no excuse for SPBI to have a backlog of even one permit application. They are denying people a fundamental human right with their procrastination.

The DPS needs to provide answers for this.

1080 PP (Pistol Permit State Records checks backlogged

I just go off the phone with Trooper Thomas Hatfield who says he is in possession of a list containing 1080 names with other information regarding the current backlog.

I have agreed to allow him to redact the names on the current list which does not have the local issuing authorities listed.

Trooper Hatfield is going to attempt to get a new list from SPBI with the names of issuing authorities that will receive the background checks.

A link to the list(s) will be posted when it is redceived.

Shame on all the state officials that have allowed this backlog to exist.

Edward Peruta said:

[/B]Shame on all the state officials that have allowed this backlog to exist.

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Shame on them for giving shady or false information back to the citizens who paid for the service to begin with.

Sad they don't look at their job as being paid for by citizens paying an insane fee for a background check.

Jonathan

Mr. Peruta,

I've been following your e-mail chain and let me GREATLY thank you for the actions your taking. You're fighting a good fight on behalf of the law-abiding citizens of CT suffering from the incompetency of the State of Connecticut.

As for getting my dates, fingerprinting told me that they couldn't give me the info over the phone and that I had to go to my local police department. Which is clearly a lie since Mr. Peruta was seemingly able to obtain the same information. I went to the PD and was lucky that the sergeant was there and spoke to me personally. He looked up when he sent it out and was the same day as my prints were taken. I came home and called the FBI number and the woman told me the fingerprints were received, processed, and returned electronically on Dec 8th.

At first, I was going to give the state the benefit of the doubt. Now it's been 6 weeks that they've just been sitting on my application. Put a stamp on it and send it back to the PD. It'll take 1 minute for a typical person and we'll say 3 minutes for a state employee. 3 minutes x 1080 backlogs = 3240 minutes. That's 7 days of work. 7 days does not equal 6 weeks. I would very much like to see the list Mr. Peruta is supplying and where I stand on there. I'll also be calling the fingerprinting department back asking "wtf?"

Exactly the same issues I'm finding people are having when they contact me through my site.

Hard to start an appeal under 29-29 when you can't get the info.

Jonathan

KIX said:

Hard to start an appeal under 29-29 when you can't get the info.

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The info is public information. If they resist over the phone, make an FOI request.

Rich B said:

The info is public information. If they resist over the phone, make an FOI request.

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And often by the time you get the information, you can appeal on 29-28.

Jonathan

KIX said:

And often by the time you get the information, you can appeal on 29-28.

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They have 4 days to respond to your FOIA request before it should become an appeal, so not likely.

'Prompt access' means they should be giving you the info over the phone or in person anyway.

Kudos Mr. Peruta..I would love to see that list as well when it becomes available. It is extremely discouraging and frustrating to be told (more or less)"it is what it is, deal with it!" my completed application was submitted November 18, according to records it was sent out on November 21. FBI stated package was received on December 13 and returned on December 13 as well. Contacted Paul in fingerprints who informed me of the 8-12 week "backlog" The surprising part is that when bringing up the 8 week timeframe with my town, the person responsible for processing the applications had no idea what I was talking about. I had to refer her to the last section of the application which states the board should be notified in the event that the application has not been processed within 8 weeks. Her response was "the state does not want to even hear from us if it has not hit 14 weeks" and even though the state has recieved my FBI check , she still had to wait for the state check to be returned as well before she can have the chief sign off. In a previous interaction she mentioned that she HAS recieved responses back for people that were in my group sent the week of 11/21, and shortly before, just not mine and a few others.So it appears there is no real order in which they are being processed, which could be part of the overall problem.Also,Paul in fingerprints mentioned a memo sent to all local authorities NOT to contact them in regards to the status of background checks;as they are understaffed. I hit 9 weeks tomorrow (1/20) and truly did not want to go through the appeal process but it seems like that is the only way besides waiting. Thank you all for your valuable information, at least someone is listening and can relate.

Asenoj said:

I hit 9 weeks tomorrow (1/20) and truly did not want to go through the appeal process but it seems like that is the only way besides waiting. Thank you all for your valuable information, at least someone is listening and can relate.

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You should have appealed already. I recommend you get on it ASAP.

Asenoj said:

Kudos Mr. Peruta..I would love to see that list as well when it becomes available. It is extremely discouraging and frustrating to be told (more or less)"it is what it is, deal with it!" my completed application was submitted November 18, according to records it was sent out on November 21. FBI stated package was received on December 13 and returned on December 13 as well. Contacted Paul in fingerprints who informed me of the 8-12 week "backlog" The surprising part is that when bringing up the 8 week timeframe with my town, the person responsible for processing the applications had no idea what I was talking about. I had to refer her to the last section of the application which states the board should be notified in the event that the application has not been processed within 8 weeks. Her response was "the state does not want to even hear from us if it has not hit 14 weeks" and even though the state has recieved my FBI check , she still had to wait for the state check to be returned as well before she can have the chief sign off. In a previous interaction she mentioned that she HAS recieved responses back for people that were in my group sent the week of 11/21, and shortly before, just not mine and a few others.So it appears there is no real order in which they are being processed, which could be part of the overall problem.Also,Paul in fingerprints mentioned a memo sent to all local authorities NOT to contact them in regards to the status of background checks;as they are understaffed. I hit 9 weeks tomorrow (1/20) and truly did not want to go through the appeal process but it seems like that is the only way besides waiting. Thank you all for your valuable information, at least someone is listening and can relate.

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Here is a PDF copy of particial data recevied:

Failure to provide prompt access to the names of tho individuals waiting

I have just emailed my complaint to the State Auditors

Pleasetake the time to send a complaint to the Auditors of Public Accounts at the email addresses located at the end of this post.

The Personel in the State Police Bureau of Identification, (SPBI), Commissioner and his Legal Staff of the Connecticut State Police have taken money/fees improperly.

If they are cashing applicants $50.00 checks, they should do the work in a timely manner and send the results according to the law.

The law is extremely clear that any exemption to providing the name and address of a person only involves those who HAVE
BEEN ISSUED a Permit, and does not cover individuals prior to the issuance.

In my humble opinon, the size and length of the backlog along with the amount of fees collected, ($54K +-) elevates this situation from routine to serious regarding Core Constitutional Rights.

Excuses are a dime a dozen, we live in an electronic world where the FBI can receive a scanned fingerprint card and return the results within hours to the submitting agency.

What could possibly be in the STATE database that is not in the FBI's?

EVERYONE INVOLVED SHOULD MAKE CONTACT WITH AND A COMPLAINT TO THE AUDITORS OF PUBLIC ACCOUNTS REGARDING THIS SITUATION.

To Contact the Office of the Auditors of Public Accounts please call or write:

Auditors of Public Accounts
20 Trinity Street
Hartford, CT 06106-1628
Toll Free within Connecticut: (800) 797-1702
Locally: (860) 240-5300



Name Telephone # E-Mail Address
State Auditors
Robert M. Ward (860) 240-8653 robert.ward@cga.ct.gov
John C. Geragosian (860) 240-8651 john.geragosian@cga.ct.gov

Mr. Peruta, once again I thank you for your troubles. Unfortunately, I feel like Asenoj and myself do not fall in the category of individuals that was requested with your FOI. Both of us have had our FBI background checks completed and are awaiting for SBPI to send the results back to the town. In my case, they've been holding onto the results for over 6 weeks now.

"This request is for prompt access to any and all computerized information, (Name and Town), regarding pending requests for State and National Criminal History Records checks that have yet to be submitted to the FBI CJIS for Permit to Carry Pistols or Revolvers by individuals who have not yet been issued or are not in possession of a State Permit to Carry Pistols or Revolvers."

You've done much for the citizens of CT already and nobody expects you to do more. Although, there is likely twice as many people who are still awaiting their permit who submitted in the Oct + Nov time frame.

Today, I am going to take your advice and submit a lenghty complaint to the auditors.

If you have verified that the results have been returned, you should file your appeal IMMEDIATELY.

Did you?

Reason: Administrative denial.

Jonathan

Do these dates on the attachment show the dates the results were returned to the issuers? And how do you know if you are one of them?

hansmike said:

Mr. Peruta, once again I thank you for your troubles. Unfortunately, I feel like Asenoj and myself do not fall in the category of individuals that was requested with your FOI. Both of us have had our FBI background checks completed and are awaiting for SBPI to send the results back to the town. In my case, they've been holding onto the results for over 6 weeks now.

"This request is for prompt access to any and all computerized information, (Name and Town), regarding pending requests for State and National Criminal History Records checks that have yet to be submitted to the FBI CJIS for Permit to Carry Pistols or Revolvers by individuals who have not yet been issued or are not in possession of a State Permit to Carry Pistols or Revolvers."

You've done much for the citizens of CT already and nobody expects you to do more. Although, there is likely twice as many people who are still awaiting their permit who submitted in the Oct + Nov time frame.

Today, I am going to take your advice and submit a lenghty complaint to the auditors.

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I agree with you hansmike. Your efforts on this matter and willingness to fight are greatly appreciated Mr. Peruta. For the average person trying to obtain a permit and just getting started with firearms / firearm laws and rights, it can be very confusing.
My results from the FBI have been sitting in a box for over 5 weeks. According to Paul in fingerprints, there is another step/process before sending it back to the local authority which is most likely where hansmike and I are in the process, and who knows how many others. Paul also informed me that fingerprints Involving anything with children (teachers/adoptions) take priority. Not to sound insensitive at all but my fees were paid and cashed! Appeal paperwork has been completed and will be sent out first thing Monday morning RichB. I will follow suit hansmike and write a complaint to the auditor as well.

Suggested Complaint to State Auditors:

Suggested Complaint to State Auditors:

To apply for a Permit to Carry Pistols and Revolvers, the applicant must only provide Positive Identification acceptable to the State Police Bureau of Identification or the Federal Bureau of Investigation during the application process. Fingerprinting of applicants in NOT mandated by law and is at the discretion of the issuing authority.

Section 29-29 (b) mandates that “The local authority shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.

ISSUE ONE:

Qualified individuals in Connecticut are being denied their State and Federal “CORE CONSTITUTIONAL RIGHTS” to obtain and possess handguns in their homes in part because of policies and practices that currently violate Connecticut State law.

Connecticut residents cannot purchase or obtain ownership of a handgun by retail purchase, transfer or gift without a State issued Firearms Eligibility Certificate or Permit to Carry Pistols or Revolvers.

The current delay and backlog created by the Connecticut State Police Bureau of Identification’s failure to complete state fingerprint based background checks in a timely fashion is a direct cause of these Constitutional Rights violations

ISSUE TWO:

The State Police Bureau of Identification is improperly collecting fees from individuals who submit to fingerprinting by local issuing authorities.

The law does not provide authority to charge an applicant for a Permit to Carry Pistols and Revolvers a $50.00 fee for a State Criminal History Records Check when it is the Local issuing authority that submits requests and receives same from the Connecticut State Police Bureau of Identification (SPBI). This new $50.00 fee was instituted on October 1, 2009 without the legislative authority required.

Local law enforcement agencies are currently exempt from any fees for State Criminal History Records Checks requested from SPBI.


ISSUE THREE:

The Commissioner has currently received and is holding approximately 1,080 National Criminal History Records checks on most if not all applicants for Permits to Carry Pistols and Revolvers, and failed to send them upon receipt to the local issuing authority as mandated by Section 29-29 (c) of the Connecticut General Statutes.

Section 29-29 (c) mandates that the Commissioner, “UPON RECEIPT” of the results of the “NATIONAL” criminal history records check, send same to the local issuing authority.

Sec. 29-29. Information concerning criminal records of applicants for permits. (a) No temporary state permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 unless the applicant for such permit gives to the local authority, upon its request, full information concerning the applicant's criminal record. The local authority shall require the applicant to submit to state and national criminal history records checks. The local authority shall take a full description of such applicant and make an investigation concerning the applicant's suitability to carry any such weapons.

(b) The local authority shall take the fingerprints of such applicant or conduct any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation, unless the local authority determines that the fingerprints of such applicant have been previously taken and the applicant's identity established, and such applicant presents identification that the local authority verifies as valid. The local authority shall record the date the fingerprints were taken in the applicant's file and, within five business days of such date, shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a.

(c) The local authority may, in its discretion, issue a temporary state permit before a national criminal history records check relative to such applicant's record has been received. Upon receipt of the results of such national criminal history records check, the commissioner shall send a copy of the results of such national criminal history records check to the local authority, which shall inform the applicant and render a decision on the application within one week of the receipt of such results. If such results have not been received within eight weeks after a sufficient application for a permit has been made, the local authority shall inform the applicant of such delay, in writing. No temporary state permit shall be issued if the local authority has reason to believe the applicant has ever been convicted of a felony, or that any other condition exists for which the issuance of a permit for possession of a pistol or revolver is prohibited under state or federal law.

(d) The commissioner may investigate any applicant for a state permit and shall investigate each applicant for renewal of a state permit to ensure that such applicant is eligible under state law for such permit or for renewal of such permit.

(e) No state permit may be issued unless either the local authority or the commissioner has received the results of the national criminal history records check.

State of Conncticut Memo received regarding backlog

Edward Peruta said:

I just go off the phone with Trooper Thomas Hatfield who says he is in possession of a list containing 1080 names with other information regarding the current backlog.

I have agreed to allow him to redact the names on the current list which does not have the local issuing authorities listed.

Trooper Hatfield is going to attempt to get a new list from SPBI with the names of issuing authorities that will receive the background checks.

A link to the list(s) will be posted when it is redceived.

Shame on all the state officials that have allowed this backlog to exist.

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I am a CT resident currently waiting on my application and wanted to share my experience, as well as a letter received Saturday, Jan 28 2012.

My application was submitted with prints on 12/6/2011 to the Hartford PD - I confirmed from the FBI that my prints were received and sent back electronically on Jan 3rd 2012. With the FBI saying it takes about 4 weeks to receive and process, that timeline works assuming the Hartford PD sent them within the 5 days to the state and FBI. I then called the Hartford PD officer in charge of prints to check on the status, and he confirmed receipt of the FBI check but was waiting on the state.

1/28/2012 - The Hartford PD officer forwarded via mail a memorandum that appears to have been sent to department/division heads from the office supervisor named Cynthia Powell (She even initialed the Memo next to her name). My guess is that I was not supposed to see this memo, but the Hartford pd is using this memo as notification of delay of processing beyond the 60 day deadline.

The memo states as follows, dated January 10th, 2012 on State of CT Department of Emergency Services and Public Protection letterhead listed as Interdepartmental Memorandum:

"Please be advised the current processing time for fingerprint supported background check results is approximately 14-16 weeks. This includes 3-5 business days for delivery. Due to the high volume of requests received in this office and the current increase of applicant submissions, please allow the full 14-16 weeks before submitting duplicate requests." there's more but this is the meat of it.

In short, thoroughly upset about this - FBI prints were done on Jan 3rd, and my 60 day mark is Feb 5th 2012. A friend submitted his about 20 days before mine to west hartford and received his just beyond 60 days.

Thoughts/opinions from the forum are requested. Happy to scan/email a copy of the letter if anyone is interested.
-Steve