FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Michael A. Carpinello,
Complainant
against Docket #FIC 93-24
Ansonia Police Department,
Respondent July 28, 1993
The above-captioned matter was heard as a contested case on June 1, 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 of complaint filed January 27, 1993, the complainant appealed to the Commission, alleging that his request for a police report was denied.
3. It is found that the complainant was issued a $60.00 complaint ticket for violating a town ordinance against open burning on January 19, 1992.
4. It is found that no arrest was made.
5. It is found that a day or two later the complainant made a written request for the police report written in connection with the complaint ticket, so that he might defend himself in court.
6. It is found that the respondent denied the complainant's request in writing on January 22, 1993.
7. It is found that the requested record is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.
8. It is found that the requested record was transmitted to Superior Court for use in prosecution of the case, and a copy was retained by the respondent.
9. It is found that the court has misplaced the requested report, and that consequently the complainant has not been presented to plead to the charge.
Docket #FIC 93-24 Page 2
10. It is found that the state's attorney's office has advised the respondent not to disclose the requested report until a court disposition has been reached.
11. It is found that the state's attorney's office has offered to enter a nolle prosequi of the underlying infraction, but that the case is still pending because the complainant declined to accept that offer.
12. It is therefore found that the underlying infraction is a pending criminal case in which the complainant is the defendant, and that the complainant may thus request production of the requested report through discovery.
13. As a matter of comity between tribunals, the Commission in its discretion therefore declines to exercise its jursidiction in this matter, to avoid a possible conflict between the Commission's decision and that of a judge of the Superior Court.
14. The Commission notes that the respondent offered no evidence that would suggest that any prejudice would result from disclosure of the requested report to the complainant. The Commission regrets that the complainant has been frustrated in his attempt to defend himself against the alleged infraction, but the appropriate official for the complainant to seek a copy of the report while his case is pending is a judge of the Superior Court, through a motion for production of the document.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 28, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 93-24 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:
Michael A. Carpinello
20 Fairview Street
Ansonia, CT 06401
Ansonia Police Department
c/o Atty. James E. Sheehy
303 Wakelee Avenue
Ansonia, CT 06401
Debra L. Rembowski
Acting Clerk of the Commission