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 25, 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
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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 25, 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
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
Canaan, CT 06018
Kenneth DeLorenzo, Esq.
IBPO
346 Main Street
Cromwell, CT 06416
Elizabeth A. Leifert
Acting Clerk of the Commission