FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Edward A. Peruta,

 

                        Complainant

 

            against              Docket #FIC 92-236

 

O. Paul Shew, Rocky Hill Town Manager/Public Safety Director and Philip Schnabel, Chief of Police, Rocky Hill Police Department,

 

                        Respondents                 April 14, 1993

 

            The above-captioned matter was heard as a contested case on February 24, 1993, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.  By letter filed with this Commission on July 21, 1992, the complainant alleged that the respondents violated the provisions of the FOI Act by failing to provide him with access to and copies of public records.

 

            3.  It is found that on July 20, 1992, the complainant requested in writing access to the following: a) the sworn statements of Robert Riley and Dorothy Canfield pertaining to the matter of an order by chief Schnable prior to his vacation of late March or early April 1991; and b) all sign-in logs of the Rocky Hill police department for the period of June 1988 through September 1991.

 

            4.  This Commission notes that the request identified in paragraph 3a), above, was the subject of a prior FOI complaint filed by this complainant, which issue between these parties this Commission declines to reexamine.

 

            5.  The sign-in logs identified in paragraph 3b), above, are public records within the meaning of 1-18a(d), G.S.

 

            6.  It is found that the acting chief of the Rocky Hill police department mistakenly thought that the complainant had

 

Docket #FIC 92-236                           Page 2

 

been supplied with the requested sign-in logs subsequent to the complainant's request for such.

 

            7.  It is concluded that the respondents violated the provisions of 1-19(a), G.S., by failing to provide the requested sign-in logs to the complainant.

 

            The following order by the COmmission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.  Within five business days of the issuance of the final decision in this matter, the respondents shall provide to the complainant, free of charge, a copy of the records requested in paragraph 3b) of the findings, above.

 

            2.  This Commission declines in its discretion to impose civil penalties against the respondents under the facts of this case.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 14, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-236                           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:

EDWARD A. PERUTA

P. O. Box 307

Rocky Hill, CT 06067

 

O. PAUL SHEW AND PHILIP SCHNABEL

c/o Atty. Curtis H. Roggi

Roggi & Stuhlman

1160 Silas Deane Highway

Wethersfield, CT 06109

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission