FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Bill Kaempffer and |
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Complainant |
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against |
Docket #FIC 2000-114 |
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Office of Corporation Counsel, |
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Respondents |
June 14, 2000 |
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The above-captioned matter was heard as a contested case on April 25, 2000, at which time the complainants and the respondent appeared, stipulated to certain facts 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 §1-200(1), G.S.
2. It is found that by letter dated January 31, 2000, the complainants requested that the respondent provide them with a copy of all records pertaining to the investigation of the 1990 murder of Jacqueline Shaw, particularly all reports pertaining to Ovil Ruiz.
3. It is found that, by letter dated February 11, 200, the respondent denied the request described in paragraph 2, above, contending that such records were exempt from disclosure because their release would prejudice a pending criminal investigation.
4. By letter filed with the Commission on March 7, 2000, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying them access to the requested records.
5. It is concluded
that the requested records are public records within the meaning of §1-200(5),
G.S.
6. Section 1-210(a), G.S., provides, in relevant part:
“e]xcept 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 a right to inspect such records promptly during regular office or business hours….”
7. The respondents contend that the requested records are exempt from disclosure by virtue of §1-210(b)(3)(C), G.S. The complainants contend that the investigation is at a virtual standstill and that the claimed exemption cannot operate indefinitely.
8. Section 1-210(b)(3)(C), G.S., permits the nondisclosure of:
“[r]ecords of law enforcement agencies not otherwise available to the public which records were compiled in connection with the detection or investigation of crime, if the disclosure of said records would not be in the public interest because it would result in the disclosure of…(C) information to be used in a prospective law enforcement action if prejudicial to such action….”
9. It is found that the requested records were compiled in connection with the detection or investigation of the crime of homicide, and that they are maintained by the New Haven Police Department, which is a law enforcement agency within the meaning of §1-210(b)(3)(C), G.S.
10. It is found that the murder of Jacqueline Shaw is a pending criminal investigation, and that Ovil Ruiz is a potential witness and suspect in such investigation.
11. It is found that the respondent has a reasonable basis to believe that disclosure of the requested records at this time would not be in the public interest because such information might be used in a prospective law enforcement action and that disclosure at this time might prejudice such action.
12. Accordingly, it is concluded that the requested records are permissively exempt from mandatory disclosure, pursuant to §1-210(b)(3)(C), G.S., and that the respondent did not violate the FOI Act, as alleged in the complaint.
The
following order by the Commission is hereby recommended on the basis of the
record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of
June 14, 2000.
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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:
Bill Kaempffer and New Haven Register
40 Sargent Drive
New Haven, CT 06511-5918
Office of Corporation Counsel, City of New Haven
c/o Atty. Donna Chance Dowdie
Assistant Corporation Counsel
165 Church Street
New Haven, CT 06510
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Melanie R. Balfour