FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Raymond Proto
Complainant
against Docket #FIC 87-26
Coventry Police
Department
Respondent April 22, 1987
The above-captioned matter was heard
as a contested case on March 12, 1987, at which time the complainant and the
respondent appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
After consideration of the entire
record, the following facts are found:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By letter dated February 12, 1987, the respondent requested the police
report of an automobile accident which occurred May 1, 1986.
3.
A criminal action arising from the accident was pending in Superior
Court at the time of hearing.
4.
The respondent denied access to the records on February 20, 1987.
5.
7-282, G.S. provides that
The police department of
any city, town or borough having or receiving any memoranda, sketches, charts,
written statements, reports or photographs made in the investigation of any
accident wherein any person has been injured or property damaged shall preserve
and retain the same for a period of at least ten years from the date of such
accident. Subsequent to the final
disposition of any criminal action arising out of an accident, the records
hereinbefore specified and the information contained therein shall be open to
public inspection, except that such records shall be available to any person
involved in the accident subsequent to the issuance of a warrant or summons in
such action.
Docket # FIC
87-26 page two
6.
It is found that the records in question are of the type specified in
7-282, G.S. and that the matter of the complainant's arrest for reckless
driving has not reached a final disposition.
7.
1-19(a), G.S. provides that all records maintained or kept on file
by any public agency shall be public records and every person shall have the
right to inspect such records "[e]xcept as otherwise provided by any
federal law or state statute."
8.
It is found that 7-282, G.S. exempts from public disclosure the
records requested by the complainant.
9.
It is also found that this Commission lacks jurisdiction over the
administration of 7-282, G.S. regarding disclosure of records to persons
who by virtue of the language of such section may have a right of access to
records greater than the public right created by 1-19(a), G.S.
10. It is concluded that the
respondent did not violate 1-15 or 1-19(a), G.S. when it denied the
complainant access to the requested records.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1.
The complaint is hereby dismissed.
Approved by order of the Freedom of
Information Commission at its regular meeting of April 22, 1987.
ÿ
Catherine I.
Hostetter
Acting Clerk
of the Commission