FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Bernadette J. Hansen,

Complainant

against Docket #FIC 88-441

Assistant Chief Lester Burns and Record Supervisor Steven Casman, West Haven Police Department,

Respondents June 28, 1989

The above-captioned matter was scheduled as a contested case February 10, 1989, pursuant to §1-21i(b), G.S., to permit Assistant Chief of Police Lester Burns and Records Supervisor Steven Casman to show cause why a civil penalty should not be imposed upon them.

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. It is found that on December 21, 1988, the hearing officer issued a report ordering the Assistant Chief of Police Lester Burns and the Records Supervisor Steven Casman to appear at a hearing to show cause why a civil penalty should not be imposed upon them for the denial of the complainant's right of access to an arrest report.

3. The findings of the December 21, 1988 hearing officer's report are hereby incorporated into this report.

4. It is found that, on January 11, 1989, at the regular meeting of the Commission, the Commission tabled the hearing officer's report in the above-captioned case. Thereafter, following a review of the record, the hearing officer withdrew his hearing officer's report on January 25, 1989.

5. It is found that on January 31, 1989, the Commission scheduled a hearing for Assistant Chief Burns and Records Administrator Casman to show cause why a civil penalty should not be imposed pursuant to §1-21i(b), G.S.

6. It is found that Assistant Chief Burns and Records Administrator Casman were not directly responsible for the denial of the complainant's rights which occurred October 20, 1988.

Docket #FIC 88-441 Page Two

7. It is concluded that there is no cause to impose a civil penalty upon Assistant Chief Burns and Records Administrator Casman within the meaning of §1-21i(b), G.S.

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

1. The respondents shall henceforth comply with the requirements of §1-15, 1-19(a) and 1-20, G.S.

PURSUANT TO 4-180(c) C.G.S THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

BERNADETTE J. HANSEN, 14 Thill Street, West Haven, CT 06516

WEST HAVEN POLICE DEPARTMENT, c/o Henry C. Szadkowski,

Assistant Corporation Counsel, West Haven Corporation

Counsel, 355 Main Street, West Haven, CT 06516

Approved by order of the Freedom of Information Commission at its regular meeting of June 28, 1989.

Karen J. Haggett

Clerk of the Commission