FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Walter P. Doolittle,
Complainant
against Docket
#FIC 87-384
State of Connecticut
Department of Public Safety, Division of State Police, Reports and Records
Division and Division of State Police, Montville Barracks,
Respondents May
11, 1988
The above-captioned matter was heard as a contested case
on March 17, 1988, at which time the complainant and the respondents 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
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. On or
about July 15, 1987 the complainant filed a complaint with the respondent state
police alleging that Mr. Calvin Mellor had impersonated a state police officer
while serving him with a tax warrant.
3. Mr.
Mellor was, in fact, a special agent serving the State of Connecticut
department of revenue services and the complainant's complaint was determined
to be groundless.
4. On or
about September 1, 1987, Sgt. Eugene Sullivan, an employee of the respondent
state police, completed his investigative report concerning the complainant's
complaint and gave such report to his immediate supervisor. On or about September 2, 1987 a notation
concerning the completion of the report was entered into the computer system
used by the respondents for record keeping.
5. On or
about November 11, 1987 the complainant made a request of the respondent state
police for a copy of the investigative report referred to at paragraph 4,
above.
6.
On
or about December 12, 1987 the complainant was informed by an employee of the
respondent state police at the
Docket #FIC 87-384 Page
Two
Montville barracks that the
report, identified by file #E-87-249094, was available at the state police
reports and records division in Meriden.
Upon inquiry in Meriden, an employee of the reports and records division
informed the complainant that, contrary to what he had been told, the report
was available at the Montville barracks.
7. By letter
of complaint filed with the Commission on December 22, 1987 the complainant
alleged he had been denied access to the requested report.
8. It is
found that the original report concerning the complainant's complaint to the
state police, completed on or about September 1, 1987, has been misplaced and
cannot be located.
9. It is
found that upon learning that the original report was lost, Sgt. Sullivan
recreated the report to the best of his ability. Such substitute report was completed on or about December 17,
1987 and was provided to the complainant on or about January 5, 1988.
10. The
complainant claims that the respondents violated §§1-15 and 1-19(a), G.S. when
they denied him access to the report completed on or about September 1, 1987 by
Sgt. Sullivan.
11. It is
found that the respondents cannot account for the disappearance of the hard
copy of the original investigative report.
12. It is
found, however, that the respondents have conducted a diligent search for the
original copy of Sgt. Sullivan's investigative report, and have recreated the
document to the best of their abilities.
13. It is
found that because the record in question either no longer existed or was
irretrievably lost at the time of the complainant's request, the respondents
did not deny the complainant access to such record within the meaning of §§1-15
and 1-19(a), G.S.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The
respondent is required to place a notice in the requested file No-E-87-249-094
that if the report is found it must be sent to the complainant.
Approved by order of the Freedom of Information
Commission at its regular meeting of May 11, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission