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Flores v. Freedom of Info. Comm'n

Superior Court of Connecticut, Judicial District of New Britain At New Britain

April 7, 2014, Decided; April 7, 2014, Filed

CV136020905S

Opinion

MEMORANDUM OF DECISION

The plaintiffs, George Flores and David Smith, appeal from an April 24, 2013 final decision of the defendant freedom of information commission (FOIC).1 In its final decision, the FOIC ordered the office of the chief public defender to disclose records that relate to the plaintiffs, employees of that office.2

The final decision of the freedom of information commission reads in relevant part as follows:

2. It is found that, by letter dated April 29, 2012, Alexander Wood . . . made the following request for access to [*2]  records:

"I request the opportunity to inspect all records in the possession of the Division of Public Defender Services . . . concerning any arrests or other allegations of misconduct against the following attorneys: George D. Flores and David G.E. Smith . . .

10. On February 28, 2013, the respondents submitted the records described in paragraph 2, above, to the Commission for an in camera review. [These records include]: (a) 14 pages of records pertaining to Attorney Flores, which shall be identified in the report as IC-AttyA-2012-76-01 through IC-AttyA-2012-276-14; (b) 41 pages of records pertaining to Attorney Smith, which shall be identified in the report as IC-AttyB-2012-276-01 through IC-AttyB-2012-276-41; and (c) one three-page memorandum prepared by the respondents' Director of Human Resources, which shall be identified in the report as IC-HR-2012-276-01 through IC-HR-2012-276-03.

25. While the agency respondents contend that IC-HR-2012-276-01 through IC-HR-2012-276-03 are preliminary drafts or preliminary notes, upon a careful review of these records, it is found that these records comprise a fully developed, cohesive memorandum concerning a single subject.

30. Accordingly, [*3]  it is concluded that the memorandum is not exempt from disclosure pursuant to §1-210(b)(1), G.S.

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2014 Conn. Super. LEXIS 831 *; 42 Media L. Rep. 1957; 2014 WL 1876915

George Flores, Esq. et al. v. Freedom of Information Commission

Notice: THIS DECISION IS UNREPORTED AND MAY BE SUBJECT TO FURTHER APPELLATE REVIEW. COUNSEL IS CAUTIONED TO MAKE AN INDEPENDENT DETERMINATION OF THE STATUS OF THIS CASE.

CORE TERMS

records, disclosure, exempt, public defender, in camera, freedom of information, final decision, provisions, interveners, arrest, portions, personnel, fail to prove, memorandum, misconduct, invasion, pertain, matter of public concern, judicial district, offensive, personal privacy, FOI Act, deference, erasure, entity