FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

John R. Powell,

 

                        Complainant

 

            against              Docket #FIC 89-359

 

Chief of Police, Wethersfield Police Department,

 

                        Respondent                  March 14, 1990

 

            The above-captioned matter was heard as a contested case on February 6, 1990, 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 and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter dated September 5, 1989, the complainant requested: a) copies of all documents prepared by the Wethersfield Police Department in reference to infraction complaint number 048444-4 dated May 15, 1989, and b) copies of all material prepared by the respondent and the respondent's department in reference to the complainant's letters dated June 22, 1989 and August 2, 1989.

 

            3.  By letter filed with this Commission on September 19, 1989, the complainant appealed the partial denial of his request and sought a refund for charges of copies not covered by his requests.

 

            4.  It is found that the complainant initially received 23 pages of documents in response to his September 5 request, some portions of which were redacted.

 

            5.  The respondent claims that the redacted portions of the records supplied to the complainant and identified in paragraph 4, above, were exempt from disclosure pursuant to 1-19(b)(3)(B), G.S.

 

Docket #FIC 89-359                           Page 2

 

            6.  It is found that at the time of the complainant's request, court cases were pending against two of the subjects of the records identified in paragraph 4, above.

 

            7.  It is further found that all of the requested documents identified in paragraph 4, above, were made available to the complainant in unredacted form after the court cases identified in paragraph 7, above, were no longer pending.

 

            8.  It is concluded therefore that it is unnecessary to decide whether the redacted portions of the records described in paragraph 4, above, were exempt from disclosure at the time of the complainant's request.

 

            9.  The complainant also claims that three pages of documents supplied to him by the respondent were not responsive to his request.

 

            10.  It is found that the three pages of documents identified in paragraph 10, above, consist of part of the record that was requested by the complainant.

 

            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 March 14, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-359                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

JOHN R. POWELL

473 Wolcott Hill Road

Wethersfield, CT 06109

 

CHIEF OF POLICE, WETHERSFIELD POLICE DEPARTMENT

c/o T. William Knapp

505 Silas Deane Highway

Wethersfield, CT 06109

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission