FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Lori Barrett Powell,
Complainant
against Docket #FIC 92-40
Trumbull Police Department,
Respondent January 19, 1993
The above-captioned matter was heard as a contested case on August 3, 1992, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint. The matter was continued to August 26, 1992, at which time the respondent appeared 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. As a result of a criminal complaint concerning an incident on September 16, 1991, the complainant was arrested.
3. It is found that subsequent to her arrest, Ms. Powell requested on several occasions, up through and including February 3, 1991, that the respondent provide her with a copy of the police file regarding her arrest, Trumbull Police Department case file #91-10736 (hereinafter "TPD 91-10736").
4. Specifically, on February 3rd she made an oral request for copies of that portion of TPD 91-10736 which contains or comprises the complaint or statement of Steve Treash, as well as a copy of a report written by Family Relations mediator, David Johnson (hereinafter "Johnson Report").
5. It is found that on or about May 19, 1992, the respondent provided the complainant with a redacted copy of TPD 91-10736.
Docket #FIC 92-40 Page 2
6. By letter of complaint filed with the Commission on February 6, 1992, the complainant alleged that the respondent denied her repeated requests for copies of: (1) the unredacted version of TPD 91-10736, and (2) the Johnson Report.
7. The respondent claims that the complainant was provided with a complete copy of TPD 91-10736, except that all references to the complainant's arrest had been redacted.
8. The respondent maintains that pursuant to 54-142a, G.S., and on the instruction of the Superior Court, the record of the complainant's arrest has been "erased."
9. Sections 54-142a(b) and (f), G.S., provide in pertinent part that:
(b) Whenever in any criminal case, on or after October 1, 1969, the accused, by a final judgment, is found not guilty of the charge or the charge is dismissed, all police and court records and records of any state's attorney pertaining to such charge shall be erased upon the expiration of the time to file a writ of error or take an appeal, if an appeal is not taken, or upon final determination of the appeal sustaining a finding of not guilty or a dismissal, if an appeal is taken....
(f) Upon motion properly brought, the court or a judge thereof, if such court is not in session, (1) may order disclosure of such records upon application of the accused,....
10. It is found that the redacted copy of TPD 91-10736 has four lines redacted.
11. It is found that although TPD 91-10736 is a public record within the meaning of 1-18a(d), G.S., the record is, however, exempt from dislosure under 1-19(a), G.S., by operation of 54-142a, G.S.
12. The respondent maintains that it has no knowledge of the existence or purpose for which the Johnson Report may have been created. The respondent has suggested to the complainant that she contact either Mr. Johnson or the Family Court.
Docket #FIC 92-40 Page 3
13. It is found that the Johnson Report is not a record that was "prepared, owned, used, received or retained" by the respondent and consequently is not a public record of that agency.
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.
2. The Commission notes that although TPD 91-10736 has been "erased" by operation of law, the complainant may have rights of access to the complete record under 54-142a(f), G.S.
Approved by Order of the Freedom of Information Commission at its special meeting of January 15, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-40 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:
Lori Barrett Powell
P.O. Box 55514
Bridgeport, CT 06610-5514
Trumbull Police Department
158 Edison Road
Trumbull, CT 06611
Debra L. Rembowski
Acting Clerk of the Commission