FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Edward Peruta,
Complainant
against Docket
#FIC 94-172
Philip Dunn, Chief of Police,
Rocky Hill Police Department,
Respondent February 22, 1995
The above-captioned matter was heard as a contested
case on December 13, 1994, at which time the complainant and the respondent
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
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter
of complaint filed with this Commission on May 31, 1994, the complainant
alleged that the respondent violated the provisions of the Freedom of
Information ("FOI") Act by denying his request for records.
3. It is
found that by letter dated May 26, 1994, the complainant requested of the
respondent copies of or access to the following:
a.
the complete tape recordings and transcripts of all conversations
between former chief of detectives Joseph Corbin, John Kulick, JoAnn Williams,
and anyone else present and recorded during any meetings between these persons
at 37A Carillon Drive in 1991.
b. the complete unredacted face sheets of RHPD case #91-4011, showing
all parties who do not fall under the unanimous 1993 U.S. Supreme Court
decision known as "the Landano decision" (no. 91-2054).
4. It is
found that the transcripts identified in paragraph 3.a. of the findings, above,
were provided to the complainant on August 8, 1994, and the records identified
in paragraph 3.b. of the findings, above, were provided to the complainant in
redacted form in July 1994 and unredacted form in November, 1994.
Docket #FIC 94-172 Page
2
5. The
complainant argues that the respondent's compliance with his requests in this
case were not prompt within the meaning of 1-19(a), G.S.
6. It is
found that as of the time of the May 26, 1994 requests in this case, the
complainant was involved in a federal lawsuit he had filed against the town of
Rocky Hill ("the town").
7. It is also
found that the town's insurance carrier hired the law firm of Halloran and Sage
(attorney Gustafson) to conduct the town's defense, and that by the terms of
the town's insurance coverage contract, the town had the obligation of
cooperating with that defense as a condition precedent to the payment of any
claim on the town's behalf.
8. It is
found that in the course of the federal lawsuit, discovery requests were made
and a protective order entered concerning the records at issue.
9. It is
found that the respondent disclosed the records to the complainant as soon as
the discovery matter in federal court was resolved.
10. It is concluded
that considering the totality of the circumstances in this case, the
respondent's delay in disclosure of the records at issue was not unreasonable,
and the respondent is not in violation of the promptness provision of
1-19(a), G.S.
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 regular meeting of February 22, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-172 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 PERUTA
38 Parish Raod
Rocky Hill, CT 06067
PHILIP DUNN, CHIEF OF POLICE,
ROCKY HILL POLICE DEPARTMENT
c/o Stephen Morelli, Esq.
Roggi & Morelli
2080 Silas Deane Highway
Suite 301
Rocky Hill, CT 06067
Debra L. Rembowski
Clerk of the
Commission