FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Edward Peruta,

 

                                Complainant

 

                against                   Docket #FIC 94-208

 

Philip Dunn, Chief of Police, Rocky Hill Police Department,

 

                                Respondent                          April 5, 1995

 

                The above-captioned matter was heard as a contested case on January 27, 1995, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.  This matter was consolidated for hearing with contested case docket #FIC 95-4.  At the hearing, the International Brotherhood of Police Officers ("IBPO") was granted intervenor status in accordance with the provisions of 1-21j-28, G.S.

 

                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 June 27, 1994, the complainant alleged that the respondent violated the provisions of the FOI Act by denying him access to an internal affairs file and video-tape of detective Corbin.  He requested a civil penalty against the respondent.

 

                3.  It is found that the records at issue in this case, which are public records within the meaning of 1-18a(d), G.S., are the same records as those the subject of contested case docket #FIC 94-9, Edward A. Peruta against Philip Dunn, Chief of Police, Rocky Hill Police Department. 

 

                4.  This Commission takes administrative notice of the record and final decision in contested case docket #FIC 94-9.

 

                5.  The complainant argues that because the state's attorney has decided not to criminally prosecute detective Corbin since the time of the issuance of the final decision in FIC 94-9, he is now entitled to the requested records.

 

                6.  It is concluded, however, the this Commission's prior conclusion in FIC 94-9 that the records at issue are exempt from

 

Docket #FIC 94-208                                             Page 2

 

disclosure pursuant to 1-19(b)(3) and 1-19(b)(4), G.S., is still valid in light of the continued pendency of other related claims more fully set forth in FIC 94-9.

 

                7.  This Commission also notes that the fact the related proceedings on the Corbin matter are not proceeding at the pace hoped for and anticipated by the parties to this matter does not render this Commission's final decision in FIC 94-9 obsolete at this time, as advocated by the complainant.

 

                8.  It is concluded that under the facts of this case, the respondent is not in violation of the provisions of the FOI Act.

 

                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 special meeting of April 5, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-208                                             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 Road

Rocky Hill, CT 06067

 

PHILIP DUNN, CHIEF OF POLICE, ROCKY HILL POLICE DEPARTMENT

c/o Donald W. Strickland, Esq.

Siegel, O'Connor, Schiff & Zangari, P.C.

370 Asylum Street

Hartford, CT 06103

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission