FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Richard L. Goldstein,
Complainant
against Docket
#FIC 91-271
Norwalk Police Department,
Respondent February 26, 1992
On September 10, 1991 the Commission denied the
complainant's request to grant his complaint privileged assignment pursuant to
1-21j-43 of the Regulations of Connecticut State Agencies. The above-captioned matter was then heard as
a contested case on January 16, 1992, at which time the complainant appeared
and presented testimony, exhibits and argument on the complaint. The respondent failed to appear to defend
against 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 of complaint filed July 24, 1991 and postmarked July 23, 1991, the
complainant appealed to the Commission, alleging that his request to the
respondent for certain records had been denied.
3. It
is found that the complainant, by letter received by the respondent on June 25,
1991, requested copies of any documents that the respondent had accumulated
regarding him over the previous two years.
4. It
is found that the respondent provided no records in response to the
complainant's request.
5. It
is found that the complainant was arrested by the respondent on or about
February of 1990, filed written complaints with the Norwalk Police Commission
and the internal investigative division of the respondent concerning the
arrest, and caused affidavits to be filed in support of his complaints with the
respondent.
6. The
complainant also believes that he was the subject of a harrassment campaign by the
respondent in retaliation for the complaints he filed against the respondent,
although he does not claim that the respondent maintains records of this
campaign.
Docket #FIC 91-271 Page
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7. It
is found that the respondent maintains records pertaining to the matters
described in paragraph 5, above.
8. It
is concluded that any records the respondent maintains pertaining to the
matters described in paragraph 5, above, are public records within the meaning
of 1-18a(d), G.S.
9. It
is also found that any records the respondent maintains pertaining to the
matters described in paragraph 5, above, are maintained in computerized form,
and that the respondent can search its records by name and address.
10. The
Commission on its own motion takes administrative notice of its record and
final decision in the matter of a complaint by Richard L. Goldstein against
Norwalk Police Department, Docket #FIC 90-59.
11. It
is found that the respondent has provided to the complainant copies of all
records pertaining to the complainant through approximately January 18, 1990.
12. It
is concluded that the respondent violated 1-19(a) and 1-15, G.S., by
failing to provide to the complainant copies of any records it has accumulated
about him over the past two years.
13. It
is also concluded that the respondent violated 1-19(a), G.S., without
reasonable grounds.
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 conduct a diligent search of its records and provide
to the complainant, at no cost, copies of all records originating after January
18, 1990 that reference the complainant.
Specifically, but without limitation, the respondent shall provide to
the complainant copies of any records pertaining to the matters described in
paragraph 5 of the findings, above, and any records of the final dispositions
of his complaints with the respondent and with the Norwalk Board of Police
Commissioners, including but not limited to any minutes of meetings of the
Board of Police Commissioners pertaining to such complaints. The respondent
shall complete its search and provide all relevant records to the complainant
within 10 days of the issuance of this final decision.
Docket #FIC 91-271 Page
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2. Henceforth
the respondent shall strictly comply with the provisions of 1-19(a)
and 1-15, G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 26, 1992.
Debra L. Rembowski
Acting Clerk of the
Commission
Docket #FIC 91-271 Page
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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:
Richard L. Goldstein
167 Main Street
Norwalk, CT 06851
Norwalk Police Department
297 West Avenue
Norwalk, CT 06852
Debra L. Rembowski
Acting Clerk of the Commission