FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
(POST REMAND)
Gregory A. Thompson,
Complainant
against Docket #FIC 92-344
Chief of Police, Southington Police Department,
Respondent August 9, 1995
The above-captioned matter was originally heard as a contested case on April 19, 1993, at which time the complainant and the respondent appeared, presented testimony, exhibits and argument on the complaint.
On July 17, 1993, the respondent appealed the Commission's final decision dated June 23, 1993 to the Superior Court.
By memorandum of decision dated September 12, 1994, the Court, Goldberg, J., remanded the case to the Commission for a further hearing. Accordingly, the matter was heard on June 15, 1995, at which time the respondent appeared, presented testimony, exhibits and argument, however the complainant failed to appear.
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 letters dated September 25 and October 6, 1992 the complainant requested that the respondent provide him with access to inspect police accident reports involving citations which reports had previously been made available to him.
3. By letters dated September 29 and October 27, 1994 the respondent denied the complainant's request.
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 ("FOI") Act by failing to provide access to the requested reports. The complainant requested that a civil penalty be imposed upon the respondent.
Docket #FIC 92-344 Page 2
5. It is found that the requested police accident reports are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
6. Section 7-282, G.S., provides, in part:
The police department of any city, town or borough having or receiving any memoranda, sketches, charts, written statements, reports or photographs made in the investigation of any accident wherein any person has been injured or property damaged shall preserve and retain the same for a period of at least ten years from the date of such accident. Subsequent to the final disposition of any criminal action arising out of an accident, the records hereinbefore specified and the information contained therein shall be open to public inspection, except that such records shall be available to any person involved in the accident subsequent to the issuance of a warrant or summons in such action.[Emphasis added.]
7. It is concluded that 7-282, G.S., exempts from public disclosure those police accident reports where any criminal action arose out of an accident until the final disposition of such criminal action.
8. It is found that the requested police accident reports are reports where criminal action arose out of an accident.
9. It is concluded that those reports are exempted from disclosure within the meaning of 1-19(a) and 7-282, G.S., until the final disposition of such criminal action.
10. It is therefore concluded that the respondent did not violate 1-19(a), G.S., when he did not provide the complainant with those police accident reports where a criminal action arose out the accident and was pending.
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.
Docket #FIC 92-344 Page 3
Approved by Order of the Freedom of Information Commission at its regular meeting of August 9, 1995.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 92-344 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:
Mr. Gregory A. Thompson
Thompson Legal Services
360 North Main Street
Apple Valley Plaza - Unit 7
Southington, CT 06489
Chief of Police, Southington Police Department
c/o John T. Nugent, Esq.
97 North Main Street
Southington, CT 06489
Elizabeth A. Leifert
Acting Clerk of the Commission