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 2

 

                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 3

 

                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 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:

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