FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Final
Decision
Debra L.
Papapietro,
Complainant
against Docket #FIC 91-303
Bristol Police
Department,
Respondent March 25, 1992
The above-captioned matter was
heard as a contested case on December 13, 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. By letter of complaint filed October 9, 1991, the
complainant alleged that she had been denied access on October 7, 1991 to
copies of records pertaining to her arrest on motor vehicle charges on August
8, 1991.
3. It is found that the respondent did deny the complainant
access to the requested records on October 7, 1991.
4. It is found that the records are public records within
the meaning of 1-18a(d), G.S.
5. It is found that the complainant is a defendant in a
case in which she has been charged with motor vehicle violations.
6. It is found that under the facts of this case than an
order of this Commission requiring disclosure of the requested records would
affect the rights of litigants under the laws of discovery of this state.
7. It is concluded, therefore, as a matter of comity and based upon the
requirement of 1-19b(b), G.S., that "[n]othing in sections 1-15, 1-18a, 1-19 to 1-19b, inclusive . . .
shall be deemed in any manner to (1) . . .affect the rights of litigants,
including parties to administrative proceedings, under the laws of discovery of
this state . . . . ," that the Commission should not
order disclosure in this case.
#FIC 91-303 Page
Two
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 March
25, 1992.
Debra
L. Rembowski
Acting
Clerk of the Commission
#FIC 91-303 Page
Three
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:
Debra L.
Papapietro
P.O. Box 854
Bristol, CT
06011-0854
Bristol Police
Department
111 North Main
Street
Bristol, CT
06010
Debra
L. Rembowski
Acting
Clerk of the Commission