FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In The Matter of a Complaint by FINAL DECISION

Joan Coe,

Complainant

against Docket #FIC 1996-085

Alfred L. Shull, Chief of Police,

Simsbury Police Department,

Respondent November 20, 1996

The above-captioned matter was heard as a contested case on July 3, 1996, at which time the complainant and the respondent appeared, 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. It is found that by letter dated March 19, 1996, the complainant requested of the respondent access to the written reprimand that Sergeant Beck issued to Dispatcher Leahy on October 5, 1995, which reprimand was displayed on a bulletin board for use by the unions at the Simsbury police department (“written reprimand”).

3. It is found that by letter dated March 21, 1996, the respondent denied the complainant’s request pursuant to the complainant’s written objection on the same date under §1-20a, G.S.

4. By letter of complaint filed with this Commission on March 26, 1996, the complainant alleged that the respondent violated the provisions of the Freedom of Information (“FOI”) Act by denying her access to the written reprimand. She also requested the imposition of civil penalties against the respondent at that time.

5. It is found that Leahy objected to the release of the written reprimand only until his pending grievance matter before the state board of mediation and arbitration is resolved and that no statutory exemption to disclosure was given as a basis for withholding the requested record.

6. Section 1-19(a), G.S., in relevant part states: [e]xcept as otherwise provided by federal law or state statute, all records maintained or kept on file by any public agency … shall be public records and every person shall have the right to inspect such records promptly … or to receive a copy of such records in accordance with the provisions of section 1-15.”

7. It is found that the written reprimand is a public record within the meaning of §1-18a(d), G.S.

8. It is also found that the pendancy of Leahy’s grievance before the state board of arbitration and mediation does not exempt the written reprimand from disclosure under any provision of the FOI Act.

9. It is therefore concluded that the written reprimand is not exempt from disclosure. Consequently it is concluded that the complainant is entitled to access to the written reprimand pursuant to §1-19(a), G.S.

10. In its discretion this Commission declines to issue civil penalties under the facts of this case.

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 a copy of the written reprimand identified in paragraphs 2 and 4 of the findings, above, free of charge.

2. The respondent shall henceforth strictly comply with the provisions of §1-19(a), G.S.

Approved by Order of the Freedom of Information Commission at its special meeting of November 20, 1996.

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

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:

Joan Coe

26 Whitcomb Drive

Simsbury, CT 06070

Alfred L. Schull

Chief of Police

Simsbury Police Department

933 Hopmeadow Street

Simsbury, CT 06070

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

FIC 1996-085/FD/eal/120496