FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Edward A. Peruta,

Complainant

against Docket #FIC 90-156

Cromwell Fire Department, Cromwell Ambulance Service and Cromwell Fire Chief William C. Lee,

Respondents October 10, 1990

The above-captioned matter was heard as a contested case on August 13, 1990, 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 and conclusions of law are reached:

1. The respondents are public agencies within the meaning of 1-18a(a), G.S.

2. By letter mailed in April, 1990, the complainant requested access to the following:

a. All photographs or video tapes taken by the

respondents while on duty between July 1, 1988 and April

24, 1990;

b. All photographic negatives exposed and/or shot at

any fire, emergency or service call at which the respondent

fire department was present;

c. All audio tapes made of telephone calls or radio

communications relating to the motor vehicle accidents on

I-91 Northbound involving a tractor trailer truck and a

Cromwell police vehicle on the evening of April 16/17, and

the single vehicle personal injury accident on I-91

Southbound near the Cromwell Avenue overpass in Rocky Hill,

on Sunday April 22, 1990.

3. By letter filed with this Commission on May 1, 1990, the complainant alleged that his request had been denied.

4. The complainant asserts that he has been denied prompt access to public records on prior occasions, and he contends

Docket #FIC 90-156 Page 2

that this fact supports his argument for the imposition of civil penalties against the respondents.

5. It is found that the complainant failed to file timely appeals with this Commission concerning his assertions that he was not granted prompt access to records on prior occasions.

6. It is found that on May 4, 1990, the respondents provided the complainant with access to those records identified in paragraph 2, above, existing at that time.

7. It is also found that audio tapes such as the ones identified in paragraph 2c, above, are not routinely retained by the respondents; rather, they retain only the written incident report records made by a dispatcher.

8. It is further found that the respondents did not have any written incident report records responsive to the complainant's request identified in paragraph 2c, above.

9. It is concluded that under the facts of this case, there is no cause to grant relief to the complainant under the FOI Act.

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

1. The complaint is hereby dismissed.

2. Based upon evidence presented at hearing, the Commission has concern about the respondents' maintenance procedures for the public records it generates. The Commission strongly urges the respondents to contact the state records administrator for guidance concerning the records retention schedule applicable to its public records.

Approved by order of the Freedom of Information Commission at its regular meeting of October 10, 1990.

Tina C. Frappier

Acting Clerk of the Commission

Docket #FIC 90-156 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:

EDWARD A. PERUTA

P.O. BOX 307

Rocky Hill, CT 06067

CROMWELL FIRE DEPARTMENT, CROMWELL AMBULANCE SERVICE AND CROMWELL FIRE CHIEF WILLIAM C. LEE

c/o Jule A. Crawford, Esq.

Law Offices of Michael F. Dowley

P.O. Box 1235

Middletown, CT 06457

Tina C. Frappier

Acting Clerk of the Commission