FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Gregory A. Thompson,
Complainant
against Docket #FIC 92-344
Chief of Police, Southington Police Department,
Respondent June 23, 1993
The above-captioned matter was heard as a contested case on April 19, 1993, at which time the complainant 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 October 6, 1992 the complainant requested of the respondent access to inspect police accident reports.
3. The respondent denied the complainant's request on October 27, 1992.
4. By letter dated November 6, 1992 and filed with the Commission on November 9, 1992, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by failing to provide access to the requested records. The complainant requested that the Commission impose civil penalties upon the respondent.
5. Section 1-19(a), G.S., provides in relevant part:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency...shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of
such records in accordance with the provisions of section 1-15.
Docket #FIC 92-344 Page 2
6. Section 1-18a(d) defines public records as "any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method."
7. It is found that the requested records are public records within the meaning of -18a(d) and 1-19(a), G.S.
8. It is found that in the past it has been the usual practice of the complainant to have a representative request access to the respondent's log books, to research such log books, to identify particular accident reports desired and then to request copies of the particular desired accident reports.
9. The respondent makes no claim that the requested records are exempt from disclosure.
10. Rather, the respondent contends that his only objection to allowing the complainant access to the requested records is that the complainant's request is not a specific request for a particular accident report or reports. In addition, the respondent contends that the complainant's wholesale request for access to all reports places an undue burden on his staff, and on the taxpayers of the town.
11. It is therefore concluded that without reasonable grounds the respondent violated the provisions of 1-15 and 1-19(a), G.S., by failing to provide the complainant with access to all police accident reports requested.
12. The Commission declines to impose civil penalties upon the respondent.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall forthwith provide the complainant with a copy of all requested police accident reports.
2. Henceforth, the repondent shall strictly comply with the open records provisions of 1-15 and 1-19(a), G.S.
3. The Commission takes this opportunity to encourage the respondent to familiarize himself with the open records provisions of the the Freedom of Information Act.
Approved by Order of the Freedom of Information Commission at its regular meeting of June 23, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-344 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:
Gregory A. Thompson, Esq.
Thompson Legal Services
360 North Main Street
Apple Valley Plaza, Unit 7
Southington, CT 06489
Chief of Police, Southington Police Department
c/o Robert A. Izzo, Esq.
Elliot, Stanek, Izzo & Mazzaccaro
98 Main Street
P. O. Box 578
Southinton, CT 06489
Debra L. Rembowski
Acting Clerk of the Commission