Second FOIA Request to Torrington PD
| Tracking # |
FIC 2020-0155 |
| Submitted | Jan. 11, 2020 |
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Communications
From: Kent Johnson
To Whom It May Concern:
Pursuant to the Connecticut Freedom of Information Act, I hereby request the following records:
Please supply un-edited body cam recordings from the Officer bearing Shield Number 40 from 7:30 AM on December 17, 2019 to 10 AM of the same morning.
On December 30, 2019 I submitted the above worded FOIA request. On January 7, 2020 I received an unresponsive document from Sergeant Gregory Wityak of the Torrington PD, hand delivered.
I also request that, if possible and pursuant to Conn. Gen. Stat. ยง 1-212(d), fees be waived as I believe this request is in the public interest and not made for commercial gain. The requested documents will be processed by a representative of the news media/press and made available to the public at MuckRock.com.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 4 business days, as the statute requires.
Sincerely,
Kent Johnson
From: Torrington Police Department
An interim response, stating the request is being processed.
From: Kent Johnson
Connecticut Freedom of Information Commission,
18-20 Trinity St
Hartford, CT 06106
Phone: (860) 566-5682 Toll Free: (866) 374-3617(CT only)
Fax: (860) 566-6474 Email: foi@ct.gov
According Section 1-206 of Connecticut General Statutes: "...Failure to comply with a request to so inspect or copy such public record within the applicable number of business days shall be deemed to be a denial."
On January 30, 2020 we received a non-responsive reply or "interim response" promising to consider the FOIA request in time. According to law cited above this interim response is deemed to be a denial.
Further according to (b)(1) "Any person denied the right to inspect or copy records under section 1-210 ... may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission. A notice of appeal shall be filed not later than thirty days after such denial."
I believe the law then puts a time limit on my ability appeal such a denial. For that reason I am filing this appeal immediately upon receiving the denial.
From: Torrington Police Department
A fix is required to perfect the request.
From: Muckrock Staff
Hi there,
This is a follow-up message about an appeal sent to your office in January. If you could please confirm that it was received and let us know what to expect for next steps, we would appreciate it.
Thanks so much!
_______
Connecticut Freedom of Information Commission,
18-20 Trinity St
Hartford, CT 06106
Phone: (860) 566-5682 Toll Free: (866) 374-3617(CT only)
Fax: (860) 566-6474 Email: foi@ct.gov
According Section 1-206 of Connecticut General Statutes: "...Failure to comply with a request to so inspect or copy such public record within the applicable number of business days shall be deemed to be a denial."
On January 30, 2020 we received a non-responsive reply or "interim response" promising to consider the FOIA request in time. According to law cited above this interim response is deemed to be a denial.
Further according to (b)(1) "Any person denied the right to inspect or copy records under section 1-210 ... may appeal therefrom to the Freedom of Information Commission, by filing a notice of appeal with said commission. A notice of appeal shall be filed not later than thirty days after such denial."
I believe the law then puts a time limit on my ability appeal such a denial. For that reason I am filing this appeal immediately upon receiving the denial.
From: Torrington Police Department
Good Afternoon,
Please see attached docketed complaint.
Linda
From:
Good Morning,
Please see the attached letter from Sergeant Gregory Wityak in response to an FOI requests dated 12/30/2019 and 1/27/2020 from Kent Johnson. I will be mailing out the CD with the body cam footage today.
If you have any questions, please let me know.
Thank you and have a great day.
Jane
Jane Hall
Records Clerk/Court Liaison
Torrington Police Department
Records Division
576 Main Street
Torrington, CT 06790
Phone: 860-489-2020
Fax: 860-489-2013
From: Torrington Police Department
A cover letter granting the request and outlining any exempted materials, if any.
From: Torrington Police Department
A copy of documents responsive to the request.
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