FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Sheila Young,
Complainant
against Docket
#FIC 94-378
Chief of Police, Groton Town
Police Department,
Respondent September 27, 1995
The above-captioned matter was heard as a contested
case on May 25, 1995, at which time the complainant appeared and presented
testimony, exhibits and argument on the complaint. The respondent 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
letter of complaint filed October 25, 1994, the complainant appealed to the
Commission, alleging that she had received no response to her October 3, 1994
letter to the respondent.
3. It
is found that the complainant, by letter received by the respondent on October
4, 1994, requested a copy of the files on her son's fatal accident that had
occurred in May of 1994.
4. It
is found that the complainant received no response to her request.
5. It
is found that the Groton Town Police Department conducted an investigation of
the death of the complainant's son.
6. It
is found that the Groton Town Police Department created and maintains files in
connection with that investigation.
7. It
is concluded that such files are public records within the meaning of
1-18a(d) and 1-19(a), G.S.
8. It
is found that the respondent is the custodian of such files.
9. It
is found that the respondent failed to prove that such files are exempt from
disclosure.
Docket #FIC 94-378 Page
2
10. Section
1-19(a), G.S., provides in relevant part:
Except as otherwise provided by any
federal law or state statute, all records maintained or kept on file by any
public agency, whether or not such records are required by any law or by any
rule or regulation, shall be public records and every person shall have the
right to inspect such 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.
11. Section
1-15(a), G.S., in turn provides in relevant part, "Any person applying in
writing shall receive, promptly upon request, a plain or certified copy of any
public record."
12. It
is concluded that the respondent violated 1-15(a) and 1-19(a), G.S.,
by failing to provide the complainant with copies of the requested files.
13. At
the hearing, the complainant also sought the return of any physical evidence
collected from her home, including a certain booklet called or concerning
"The Right of Death."
14. Section
1-18a(d), G.S., provides:
"Public records or files"
means any recorded data or information relating to the conduct of the public's
business prepared, owned, used, received or retained by a public agency,
whether such data or information be handwritten, typed, tape-recorded, printed,
photostated, photographed or recorded by any other method.
15. It
is found that the requested booklet is recorded data or information.
16. It
is also found that the content of the requested booklet, to the extent that it
pertains to the respondent's investigation, pertains to the conduct of the
public's business.
17. It
is found that the requested booklet was received and retained by a public
agency.
18. It
is concluded that the booklet is a public record within the meaning of
1-18a(d), G.S.
19. It
is also concluded that any other items of physical evidence, not consisting of
recorded data or information, are not public records or files within the
meaning of 1-18a(d), G.S.
20. It
is further found that the respondent failed to prove that the booklet is exempt
from disclosure.
Docket #FIC 94-378 Page
3
21. It
is concluded that the respondent violated 1-15(a) and 1-19(a), G.S.,
by failing to provide the complainant with a copy of the requested booklet.
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, copies
of all requested records described in the findings, above.
2. 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 September 27, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 94-378 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:
Sheila Young
23 Quakertown Road
Mystic, CT 06355
Chief of Police
Groton Town Police Department
68 Groton Long Point Road
Groton, CT 06340
Elizabeth A. Leifert
Acting Clerk of the Commission