FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Eunice Giovanni,

 

                        Complainant

 

            against              Docket #FIC 92-309

 

Chief of Police, Hamden Police Department,

 

                        Respondent                  May 12, 1993

 

            The above-captioned matter was heard as a contested case on March 30, 1993, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint, but the respondent failed to appear.

 

            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 6, 1992, the complainant appealed to the Commission, alleging that her September 18, 1992 request for a copy of an internal affairs report had been denied.

 

            3.         It is found that the complainant by letter to the respondent dated September 18, 1992 requested a copy of an internal affairs report.

 

            4.         It is found that the requested internal affairs report concerned a complaint that that the complainant had made to the respondent regarding allegations that police officers refused to enforce town ordinances at the 1992 Memorial Day parade.

 

            5.         It is concluded that the requested report is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            6.         It is found that the respondent through his staff initially denied the complainant's request, claiming that the requested record was privileged.

 

            7.         It is found that the respondent ultimately provided the complainant with a copy of the requested record on October 8, 1992.

 

            8.         It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide the requested records promptly.

 

Docket #FIC 92-309                           Page 2

 

            9.         It is also concluded that the respondent's initial denial of the complainant's request was without reasonable grounds.

 

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

 

            1.         Henceforth the respondent shall strictly comply with the requirements of 1-15 and 1-19(a), G.S.

 

            2.         The respondent shall forthwith post a copy of this final decision in a conspicuous location in the public reception area of the Hamden Police Department, for a period of forty-five days commencing on the date of the notice of this final decision.  In addition, the respondent shall also forthwith forward a copy of this final decision to the town clerk of the Town of Hamden with instructions for the clerk to post the decision in a conspicuous location in the town hall, for a period of forty-five days commencing on the date of the notice of fianl decision.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 12, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-309                           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:

Eunice Giovanni

280 Hillfield Road

Hamden, CT 06518

 

Chief of Police, Hamden Police Department

2900 Dixwell Avenue

Hamden, CT 06518

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission