FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
|
In the Matter of a Complaint by |
FINAL DECISION |
||
| Charles James, |
|
||
|
|
Complainant |
|
|
|
|
against |
|
Docket #FIC 1999-417 |
|
Police Department, |
|
||
|
|
Respondents |
April 26, 2000 |
|
|
|
|
|
|
The above-captioned matter was heard as a contested case on December 2, 1999, at which time the complainant 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 §1-200(1), G.S. [(formerly §1-18a(1), G.S.].
2. It is found that by letter dated August 2, 1999, the complainant filed a complaint with the respondent concerning the alleged theft of his personal property by his landlady and an alleged assault by his landlady.
3. It is found that by letter dated August 11, 1999, the complainant requested that the respondent provide him with the following, (hereinafter “requested records”):
any information, reports, files etc. on the disappearance of my construction equipment including, records of calls made before the filing of the August 2, 1999 complaint, as well as an earlier complaint dealing with the theft of the complainant’s rental van and $15,000 worth of tools, and a complaint filed on August 10, 1999 at approximately 1:20 p.m. by the complainant about his dog.
4. Having failed to receive the requested records, the complainant, by letter postmarked September 11, 1999 and filed with the Commission on September 14, 1999, appealed to the Commission, alleging that the respondent violated the Freedom of Information Act by denying him access to the requested records.
5. At the hearing on this matter, the complainant indicated that he is seeking to obtain from the respondent all records, including investigation records, concerning the complaints he filed with the respondent, described more fully in paragraphs 2 and 3, above.
6. Section 1-200(5), G.S. [formerly §1-18a(5), G.S.] defines public records to mean “[a]ny 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.”
7. Section 1-210(a), G.S. [formerly §1-19(a), G.S.] further provides:
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 ….
8. It is concluded that the requested records are public records within the meaning of §§1-200(5), G.S. [formerly §1-18a(5), G.S.] and §1-210(a), G.S. [formerly §1-19(a), G.S.].
9. The Commission’s records reflect that the Notice of Hearing in this matter was date stamped as received by the respondent on November 22, 1999, yet no one appeared at the hearing to state the respondent’s position with respect to the allegations in the complaint.
10. It is found that the respondent failed to prove that the requested records are exempt from disclosure pursuant to any federal law or state statute.
11. It is concluded that the respondent violated §1-210(a), G.S. [formerly §1-19(a), G.S.], when it failed to provide the complainant with a copy of the requested records.
The following order by the Commission is hereby recommended on the basis of
the record concerning the above-captioned complaint:
1. Forthwith, the respondent shall provide the complainant, free of charge, with a copy of all records concerning his complaints filed with the respondent, including records of calls and investigation records, as more fully described in paragraphs 2 and 3 of the findings, above.
2. Henceforth, the respondent shall strictly comply with §1-210(a), G.S. [formerly §1-19(a), G.S.].
Approved by Order of the Freedom of Information Commission at its regular meeting of April 26, 2000.
_________________________
Melanie R. Balfour
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:
Charles James
General
Delivery
Derby, CT
06418
Police Department, City of West Haven
355 Main Street
West Haven, CT 06516
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-417FD/mrb/04/27/00