FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Timothy Shea and Hamden Chronicle,

 

                        Complainants

 

            against              Docket #FIC 91-38

 

Hamden Department of Police Services,

 

                        Respondent                  December 11, 1991

 

            The above-captioned matter was heard as a contested case on May 3, 1991, at which time the complainants 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 January 21, 1991, the complainants requested that the respondent provide them with copies of any and all completed internal affairs investigation reports regarding the conduct of Police Commissioner William Lavelle, from 1987 through the date of the document request.

 

            3.  By letter dated January 22, 1991, the respondent acknowledged receipt of the document request, and notified the complainants that the question of disclosure had been referred to the town attorney for review and opinion.

 

            4.  By letter dated February 7, 1991, and filed with the Commission on February 11, 1991, the complainants appealed to this Commission alleging a failure of the respondent to further respond to and comply with their document request.

 

            5.  It is found that there are only two files that are responsive to the complainants' records request.

 

            6.  It is found that the files are maintained as public records within the meaning of 1-18a(d), G.S.

 

Docket #FIC 91-38                                       Page 2

 

            7.  It is found that the first file concerns a complaint alleging participation by Commissioner Lavelle in a 1988 Super Bowl pool run by employees of a local market (hereinafter "Super Bowl file").

 

            8.  It is found that the second file pertains to a complaint alleging that Commissioner Lavelle had misrepresented himself as a police officer (hereinafter "criminal impersonation file").

 

            9.  At the hearing on this matter, the parties agreed that there will be compliance with respect to the Super Bowl file once the file is returned to the respondent by the court.

 

            10.  The complainants' therefore withdrew their request as to information concerning the Super Bowl file.

 

            11.  It is found that with respect to the Super Bowl file the investigation terminated without any law enforcement action.

 

            12.  It is found that with respect to the criminal impersonation file, the prosecutor determined that there was insufficient evidence for prosecution of the alleged criminal impersonation charge.

 

            13.  It is found that the criminal impersonation file contains material that either references the civilian complainant or uncorroborated information concerning the incident complained of.

 

            14.  It is also found that at the hearing the respondent failed to meet its burden of proving the applicability of any statutory exemption to disclosure of the contents of the criminal impersonation file.

            15.  It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to promptly provide copies of the records maintained in the Super Bowl and criminal impersonation files.

 

Docket #FIC 91-38                                       Page 3

 

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

 

            1.  The respondent shall forthwith provide the complainants with copies of the documents as set forth in paragraphs 7, 8 and 9 of the findings, above.

 

            2.  Before providing the complainants with a copy of the criminal impersonation file, the respondent may redact and delete material referencing the civilian complainant and uncorroborated allegations of the criminal activity complained of.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 11, 1991.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-38                                       Page 4

 

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:

Timothy Shea

Hamden Chronicle

P.O. Box 5128

Hamden, CT 06518

 

Hamden Police Department

2900 Dixwell Avenue

Hamden, CT 06518

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission