FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Vera S. Zima,

Complainant,

against Docket #FIC 87-169

Chief of Police, Wallingford Police Department,

Respondent December 9, 1987

The above-captioned matter was heard as a contested case on July 20, 1987, at which time the complainant presented testimony, exhibits and argument on the complaint. On September 8, 1987, the respondent subsequently submitted evidence as ordered by the Commission pursuant to §1-21j-36 of the Regulations of Connecticut State Agencies.

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 May 8, 1987, and filed with the Commission on May 14, 1987, the complainant alleged the respondent failed to comply with the Commission's order in Docket #FIC 86-229.

3. The order in question states:

"1. The respondent forthwith shall provide the complainant with copies, at no cost, of all records of its investigation of the Zima deaths and fire, specifically including the record referred to at paragraph 5(h), above. Such order shall not include records regarding the alleged sexual assault of Tracy Zima and pending investigation thereof.

2. The respondent forthwith shall act in strict compliance with the requirements of §§1-15 and 1-19(a), G.S., regarding prompt access to inspect or receive copies of public records.

Docket #FIC 87-169 Page 2

3. The respondent forthwith shall provide the complainant with access to tape recordings of telephone calls received at the Wallingford police department between 2:00 a.m. and 4:00 a.m. on March 28, 1986. The respondent may determine how best to comply with this paragraph of the order.

4. In complying with paragraph three of the order, above, the respondent may delete information which is exempt from disclosure under the Freedom of Information Act."

4. The respondent claims he provided the complainant with copies of all records of the Wallingford Police Department's investigation of the Zima deaths and fire, (except the records of the alleged sexual assault of Tracey Zima) at no cost, in accordance with paragraph 1 of the Commission's order in Docket #FIC 86-229.

5. The respondent also claims the police department made a tape recording of the telephone calls it received between 2:00 a.m. and 4:00 a.m. on March 28, 1986 in accordance with paragraph 3 of the Commission's order in Docket #FIC 86-229, and offered the tape recording to the complainant but she refused to accept it.

6. It is noted that on July 28, 1987, the Commission, pursuant to §1-21j-36 of the Regulations of Connecticut State Agencies, ordered the respondent to submit additional sworn testimony indicating whether or not he had complied with paragraphs 1, 3 and 4 of the Commission's order in Docket #FIC 87-229.

7. It is found that on September 8, 1987, the respondent submitted to the Commission an affidavit of a police department detective stating he had enclosed copies of the following records:

a. A receipt signed by the complainant on May 12, 1987 indicating she had accepted copies of the records of the police department's investigation of the Zima deaths and fire.

b. A tape cassette of the tape recording described in paragraph 5, above.

Docket #FIC 87-169 Page 3

8. Based upon the evidence presented, it is concluded the respondent has complied with the Commission's order in Docket #FIC 86-229.

The following order by the Commission is hereby recommended on the basis of the above-captioned complaint:

1. The complaint is hereby dismissed.

Approved by order of the Freedom of Information Commission at its special meeting of December 9, 1987.

Catherine H. Lynch

Acting Clerk of the Commission