FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

John D. McBride,

 

                        Complainant

 

            against              Docket #FIC 89-340

 

State of Connecticut, Department of Public Safety, Division of State Police, Narcotics Task Force,

 

                        Respondent                  May 9, 1990

 

            The above-captioned matter was heard as a contested case on March 19, 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 August 21, 1989, the respondent requested a copy of the narcotics file that the respondent compiled on him, which file was mentioned in a letter written on December 21, 1988 by Sargent John Snow, supervisor - central district narcotics.  The complainant also requested any other file regarding any prior criminal history of the complainant.

 

            3.  By letter dated August 31, 1989, the complainant's request was denied.

 

            4.  By letter filed with this Commission on September 8, 1989, the complainant appealed this denial.

 

            5.  It is found that the respondent granted the complainant access to the investigative file it maintained concerning the complainant, but did not provide the complainant with any other files that may possibly exist pursuant to any investigations that may have been initiated by units or offices other than the respondent.

 

            6.  It is found that the respondent does not maintain files on cases that the task force itself does not initiate, and that if other police units or offices initiate investigations, then those units or offices would be responsible for those records.

 

Docket #FIC 89-340                           Page 2

 

            7.  It is found, therefore, that under the facts of this case, the respondent did not violate the provisions of 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 complaint is hereby dismissed.

 

            2.  Based on testimony received during the hearing into this matter, the Commission suggests to the complainant that he may wish to seek the records he believes to exist through individual police troops that may have conducted their own investigations.

 

Approved by order of the Freedom of Information Commission at its regular meeting of May 9, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-340                           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 D. MCBRIDE

15 Blackledge Drive

Marlborough, CT 06447

 

STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY, DIVISION OF STATE POLICE, NARCOTICS TASK FORCE

c/o Margaret Quilter Chapple

Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission