FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Evangelos Lillios and Raymond P. Bilodeau,

 

                        Complainants

 

            against              Docket #FIC 92-44

 

Labor Relations Department, State of Connecticut, Department of Public Safety, Division

of State Police,

 

                        Respondent                  January 19, 1993

 

            The above-captioned matter was heard as a contested case on August 6, 1992, at which time the complainants 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 dated December 23, 1991, the complainants requested certified copies of the following:

 

            a.         "all records, including written, typed electronically

                        recorded or computer recorded records concerning

                        or involving Evangelos Lillios on May 4, 1989

                        from 5:45 p.m. until 12:00 a.m....[including]

                        recordings of radio communications from and

                        between police vehicles or aircraft and/or their

                        base stations, and computer records, and also

                        to Troop C, Sturbridge Massachusetts, State Police

                        Barracks.";

 

            b.         "all journals or logs identifying the vehicles used

                        by State Policemen Robert Bardelli, Justin Kelley

                        and Louis Lacaprucia and the times such vehicles

                        were used on the above date."; and

 

Docket #FIC 92-44                             Page 2

 

            c.         recordings of:   

 

                        i) an August 18, 1989 dispatcher's call from

                        "the City of Concord, New Hampshire Police

                        Department to telephone number (203) 684-2741,

                        Troop C, Stafford Springs, Connecticut State Police

                        Barracks at aproximately 10:15 a.m. to 10:22 a.m.

                        and...a duplicate copy to be made of the

                        telephone conversation at that time..."

 

                        ii) "an electronically recorded telephone

                        telephone conversation lasting eight (8) minutes

                        on August 30, 1989 at 8:09 p.m. to Sergeant John

                        Foley at (203) 684-2754."

 

                        iii) telephone calls "on Monday morning November

                        4, 1991 commencing at 9:47 a.m. and lasting eight

                        (8) minutes to Trooper Waddell and then on Tuesday

                        morning on November 5, 1991 commencing at 9:31

                        a.m. lasting two (2) minutes...made to Stafford

                        Springs, Connecticut, State Police Barracks (203)

                        684-2741."

 

            3.  By letter dated December 31, 1991, the Department of Public Safety's supervisor of reports and records acknowledged receipt of the complainants' request and indicated that he was forwarding it to the respondent Labor Relations Department.

 

            4.  It is found that by letter dated January 13, 1992, the respondent informed the complainants that due to pending litigation, the records would not be provided.

 

            5.  It is concluded that the requested records are public records within the meaning of 1-18a(d), G.S.

 

            6.  It is found that the complainant Lillios is a plaintiff in a pending civil action in the United States District Court for the District of Massachusetts.

 

            7.  It is also found that at least three of the defendants in the pending litigation are Connecticut state troopers, and that such litigation commenced sometime prior to the complainants' December 23, 1991 records request.

 

            8.  It is also found that the complainant Bilodeau is an attorney who is assisting the complainant Lillios with the pending litigation.

 

Docket #FIC 92-44                             Page 3

 

            9.  It is also found that the pending litigation stems from a May 4, 1989 incident involving the complainant Lillios' arrest and that the records sought by the complainants directly pertain to that incident and the events that transpired in connection therewith.

 

            10.  The respondent maintains that the requested records are exempt from disclosure under 1-19b(b)(1), G.S., which provides that nothing in the Freedom of Information Act shall be deemed in any manner to affect the rights of litigants under the laws of discovery of this state.

 

            11.  It is found that the complainant Lillios has filed  several requests for admissions and production of documents with the three Connecticut defendants, in connection with the pending litigation.

 

            12.  It is also found as a result of the requests described in paragraph 11, above, that the complainant has been supplied with some of the records he requested from the respondent on December 23, 1991.

 

            13.  It is also found that the complainant mailed a "First Request for Production of Documents" to the Keeper of the Records, Department of Public Safety on or about December 23, 1991 and that many of the documents requested in the request for production are the same or similar to those requested in the complainants' December 23, 1991 request that gave rise to the complaint to this Commission.

 

            14.  In light of the foregoing facts of this case, the Commission, as a matter of comity, declines to order disclosure of the records described in paragraph 2, above.

 

            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 special meeting of January 15, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-44                             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:

Evangelos Lillios

Raymond P. Bilodeau

600 Main Street, Suite 1204

Worchester, MA 06608

 

Labor Relations Department,

State of Connecticut, Department of Public Safety,

Division of State Police

c/o Asst. Atty. Gen. Martin Rosenfeld

110 Sherman Street

Hartford, CT 06105

 

                                                                  

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission