FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Ray A. Cooke,
Complainant,
against Docket
#FIC 88-76
Norwalk Police Department,
Respondent June
22, 1988
The above-captioned matter was heard as a contested case
on April 19, 1988, at which time the complainant appeared and presented
testimony and argument on the complaint.
The respondent failed to appear.
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 18, 1988, the complainant requested access to or copies of
records of all closed cases involving police officer Ronald Pine from January
1987 to February 1988.
3. By letter
dated March 4, 1988, and filed with the Commission on March 8, 1988, the
complainant appealed to the Commission, alleging the denial of his request.
4. It is found
that, although the complainant received a letter from the respondent saying the
records would be disclosed, at the time of the hearing the complainant still
had not received access to or copies of the records.
5. It is found
that the requested records are public records within the meaning of §1-18a(d),
G.S.
6. It is
concluded, therefore, that the respondent violated §§1-15 and 1-19(a), G.S., by
not providing the complainant promptly with access to or copies of the
requested records.
Docket #FIC 88-76 Page
Two
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The respondent
forthwith shall provide the complainant with access to or copies of the records
described in paragraph 2 of the findings above.
2. The respondent
henceforth shall act in strict compliance with §§1-15 and 1-19(a), G.S.
3. The Commission
reminds the respondent that failure to comply with a Commission order is a
class B misdemeanor under §1-21k(b) and may subject the respondent to
prosecution.
Approved by order of the Freedom of Information
Commission at its special meeting of June 22, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission