FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Brooke Pielli,

 

                        Complainant

 

            against              Docket #FIC 90-424

 

Chief of Police, Granby Police Department,

 

                        Respondent                  June 26, 1991

 

            The above-captioned matter was consolidated with contested case docket #FIC 90-368 Henry Starkel v. Chief of Police, Granby Police Department.  It was heard as a contested case on January 28, 1991, 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.         It is found that on October 26, 1990, the complainant requested in writing a copy of all tape recorded radio and telephonic communications relative to an incident at Granby High School on the evening of September 12, 1990.

 

            3.         It is found that the respondent did not provide the requested records.

 

            4.         On November 1, 1990 the complainant filed her complaint with this Commission.

 

            5.         It is found that the respondent has preserved the requested records.

 

            6.         It is found that the respondent claims the requested tape is exempt pursuant to 1-19(b)(3) and 54-142a, G.S.

 

Docket #FIC 90-424                                    Page 2

 

            7.         It is found that the charges that had been filed against several high school students relative to the incident at Granby High School on September 12, 1990 were dismissed on October 9, 1990.

 

            8.         It is found that the requested tape recordings  disclose some of the circumstances surrounding the incident that led to the students' arrests.

 

            9.         It is concluded that the requested records are erased  pursuant to the erasure statute, 54-142a, G.S., which requires erasure of all police records pertaining to charges which are dismissed.

 

            11.       It is concluded under the facts of this case that at the time of the complainant's request, erasure of the records pursuant to 54-142a, G.S., following expiration of the time to appeal the dismissal of charges on October 9, 1990, had the effect of making the records exempt from disclosure.

 

            12.       It is unnecessary under the facts of this case to decide the respondent's claim of exemption pursuant to 1-19(b)(3), 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.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 26, 1991.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 90-424                                    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:

BROOKE PIELLI

c/o Farmington Valley Herald

1522 Hopmeadow Street

P.O. Box 477

Simsbury, CT 06070

 

CHIEF OF POLICE, GRANBY POLICE DEPARTMENT

c/o Donald R. Holtman, Esq.

Katz & Seligman

130 Washington Street

Hartford, CT 06106

 

                                                                  

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission