FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

June Peterson and The Register Citizen,

 

                                Complainants

 

                against                   Docket #FIC 94-388

 

Chief of Police, Winchester Police Department,

 

                                Respondent                          October 11, 1995

 

                The above-captioned matter was heard as a contested case on August 22, 1995, at which time the complainants appeared and presented testimony, exhibits and argument on the complaint.  However, 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.  It is found that by letter dated October 7, 1994, the complainant Peterson requested that the respondent provide her with access to a copy of all documents related to the suspension of officer Thomas Kenney and specifically the investigation report detailing the actions resulting in Kenney's suspension (hereinafter "requested records").

 

                3.  It is found that the respondent by letter dated October 12, 1994 denied the request claiming that the "case is still open and is subject to an appeal."

 

                4.  Having failed to receive access to the requested records the complainants appealed the denial to the Commission by letter dated October 26, 1994 and filed with the Commission on October 31, 1994.

 

                5.  It is found that the town manager, by letter dated June 23, 1995, informed the complainant that the town of Winchester ("town") had no objection to releasing the requested records, however Kenney's collective bargaining unit (hereinafter "I.B.P.O.") objected to disclosure.

 

                6.  It is found that Kenney's suspension was subject to an appeal which appeal was resolved by way of a stipulated agreement reached between the I.B.P.O. and the town.

 

Docket #FIC 94-388                                             Page 2

 

                7.  It is found that the requested records are maintained by the respondent and the town.

 

                8.  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.

 

                9.  It is concluded that the requested records are public records within the meaning of 1-19(a), G.S.

 

                10.  It is found that the respondent failed to prove that the requested records are exempt from disclosure under the FOI Act, and therefore the requested records are disclosable pursuant to 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 respondent shall immediately upon the receipt of the final decision in this matter provide the complainants with access to a copy of the requested records.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 11, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-388                                             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:

June Peterson and The Register Citizen

400 Main Street

Winsted, CT 06098

 

Chief of Police, Winchester Police Department

c/o Kevin F. Nelligan, Esq.

Capecelatro & Nelligan

117 Main Street

P.O. Box 1045

Canaan, CT 06018

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission