FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Richard Plaskonka,
Complainant
against Docket #FIC 91-329
Philip Schnabel, Chief of Police, Rocky Hill Police Department, Lieutenant Dunn, Rocky Hill Police Department, Rocky Hill Police Department, O. Paul Shew, Rocky Hill Town Manager and Town of Rocky Hill,
Respondents March 25, 1992
The above-captioned matter was heard as a contested case on February 14, 1992, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for the purposes of hearing with Docket #FIC 91-279 and 91-282.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter of complaint filed on October 4, 1991, the complainant appealed to the Commission, alleging that his request to inspect civilian complaint files had been denied, and requesting that the Commission levy civil penalties against the respondents.
3. It is found that the complainant on September 23, 1991 requested that the respondent Lieutenant Dunn provide him with access to inspect the police daily log book for September 6, 1991 to September 20, 1991, and to listen to 20-minute portions of the September 6, 1991 police dispatch tape.
4. It is concluded that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
5. It is found that Lieutenant Dunn directed the complainant to make his request to the respondent Town Manager.
6. It is found that the Town Manager was, at the time of the request, the custodian of the requested files by virtue of a Rocky Hill Town Ordinance.
7. It is found that the Town Manager and Assistant Town Manager were attending a seminar when the complainant sought access to the records.
Docket #FIC 91-329 Page 2
8. The complainant maintains that he was denied access to the requested records because the respondents imposed undue preconditions on his access to the requested records, and because none of the respondents contacted him subsequently to inform him when he could have access to the records.
9. It is concluded that the respondents permissibly referred decisions about access to the requested records to the Town Manager.
10. It is also concluded that the respondents did not violate 1-19(a), G.S., when they were unable to immediately respond to the complainant's request, due to the absence of the responsible town officials.
11. It is also concluded that the respondents were not under a continuing obligation to notify the complainant when access to the requested records could be provided
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is 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
Docket #FIC 91-329 Page 3
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 Plaskonka
P.O. Box 4382
Hartford, CT 06146
Philip Schnabel, Chief of Police Rocky Hill Police Department Lieutenant Dunn, Rocky Hill Police Department Rocky Hill Police Department O. Paul Shew, Rocky Hill Town Manager Town of Rocky Hill
c/o Attorney Curtis Roggi
Roggi & Stuhlman
1160 Silas Deane Highway
Wethersfield, CT 06109
Debra L. Rembowski
Acting Clerk of the Commission