FREEDOM OF
INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In
the Matter of a Complaint by FINAL
DECISION
Frederick
Dowdy,
Complainant
against Docket #FIC 94-340
Chief
of Police, Wethersfield Police Department,
Respondent May 24, 1995
The above-captioned matter was
heard as a contested case on April 18, 1995, 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 August 25, 1994, the complainant requested that
the respondent provide him with an inventory of items seized from the
complainant's residence pursuant to a search warrant and a copy of a report
prepared by a private investigative service, in connection with the case of
State of Connecticut v. Frederick Dowdy, CR93-144163 S.
3. By letter dated August 30, 1994, the respondent denied the
complainant's request, stating that the information could not be released since
the criminal matter against the complainant had not been disposed of and
referring the complainant to the State's Attorney's Office.
4. By letter of complaint dated September 19, 1994, and filed on
September 26, 1994, the complainant appealed the respondent's denial of access
to the requested records to the Commission.
5. It is found that the requested investigative report was compiled
at the direction of the complainant's spouse by a private detective and that
the report was subsequently submitted to the respondent's department and
utilized to secure a search warrant for the complainant's premises in December
1993.
Docket
#FIC 94-340 Page
2
6. It is further found that the requested inventory is a list of
items seized from the complainant's residence following the issuance of the
search warrant.
7. It is concluded that the requested records are public records
within the meaning of 1-18a(d) and 1-19(a), G.S.
8. 1-19(a), G.S. provides in relevant part:
"Except as
otherwise provided by any federal law or state statute...every person shall
have the right to inspect such [public] 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..."
9. At the hearing on this matter, the respondent maintained that he
initially denied access to the requested records upon receipt of the
complainant's request because he contacted the State's Attorney's office and was
told that the criminal matter against the complainant was still pending;
therefore, he did not make any records available to the complainant.
10. The respondent further maintained that upon notification by the
Commission of the scheduling of the hearing in this matter, he again checked
the status of the criminal matter and learned that the case had been dismissed.
11. It is found that the criminal charge against the complainant in
case number CR93-144163 S was dismissed on or about February 1995.
12. With respect to the requested investigative report, the
respondent now claims that such report was returned to the complainant's spouse
by unknown personnel of the respondent's department at an unknown time, and
that it is no longer in the possession of the respondent's department.
13. With respect to the requested inventory, the respondent now
maintains that although the erasure provisions of 54-142(a) provide for
the erasure of criminal records following a dismissal, the complainant is
entitled access to it as he is the subject of the record. The respondent stated that he would now make
the inventory available to him.
Docket
#FIC 94-340 Page
3
14. It is found, however, that the issue before the Commission is not
whether the complainant may have access to the requested records now but
whether or not such records should have been provided to him at the time of his
August 25, 1994 request.
15. It is further found that the respondent failed to prove that the
requested records were exempt from disclosure under the Freedom of Information
Act or pursuant to any federal law or state statute at the time of the
complainant's request.
16. Consequently, it is concluded that the respondent violated the
provisions of 1-15(a) and 1-19(a), G.S., by failing to provide the
requested records to the complainant promptly upon receipt of his August 25,
1994 request.
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 to the complainant
free-of-charge a copy of the requested inventory.
2. The respondent shall forthwith cause the records of his department
to be searched in an effort to locate the requested investigative report. In the event the respondent is unable to
locate the investigative report, he shall forthwith provide the complainant
with an affidavit setting forth the nature and extent of his search and any
information he gleaned as a result of said search concerning the date the
inventory was transferred from the respondent's possession and by whom.
3. The respondent is advised to review the records retention
requirements of the State of Connecticut as administered by the State Records
Administrator, Eunice DiBella, in Rocky Hill, Connecticut.
4. Henceforth, the respondent shall strictly comply with the
requirements of 1-15(a) and 1-19(a), G.S.
Approved
by Order of the Freedom of Information Commission at its regular meeting of May
24, 1995.
Debra
L. Rembowski
Clerk
of the Commission
Docket
#FIC 94-340 Page
4
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:
FREDERICK
DOWDY
c/o
Otto P. Witt, Esq.
Witt
& Associates, P.C.
185
Silas Deane Highway
Wethersfield,
CT 06109
CHIEF
OF POLICE, WETHERSFIELD POLICE DEPARTMENT
c/o
Richard F. Clemens, Jr.
505
Silas Deane Highway
Wethersfield,
CT 06109
Debra
L. Rembowski
Clerk
of the Commission