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