FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Complainants | |||
| against | Docket #FIC 2002-145 | ||
|
Chief, Police Department, Town of Manchester, |
|||
| Respondent | September 11, 2002 | ||
The above-captioned matter was heard as a contested case on July 17, 2002, at which time the complainants appeared and presented testimony, exhibits and argument on the complaint. The respondent failed to appear at the hearing, although this Commission’s return receipt records reflect that the Notice of Hearing and Order to Show Cause in this matter were signed by the respondent as “delivered” to him, and such signed return receipt was returned to this Commission’s office on July 1, 2002. Richard Burgos, the subject of the records at issue did not appear at the hearing in this matter. For purposes of hearing, the above-captioned matter was consolidated with contested case docket #FIC 2002-149, Ralph W. Williams, Jr., and Journal Inquirer v. Chief, Police Department, Town of Manchester.
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. By letter of complaint dated March 26, 2002 and filed with the Commission on April 1, 2002, the complainants appealed, alleging that the respondent denied them access to inspect the records of the respondent department’s Internal Affairs (“IA”) Investigation concerning Officer Richard Burgos (hereinafter “requested records”).
3. It is found that by letter dated March 21, 2002, the complainants requested that the respondent permit them access to inspect the requested records.
4. It is found that by letter dated March 25, 2002, the respondent denied the complainants’ request indicating that the requested records, specifically IA No. IA2001-18, pertain to an official police investigation that was concluded “without a finding” and disclosure of the requested records would constitute an invasion of Officer Burgos’ personal privacy pursuant to §1-210(b)(2), G.S., and further that based on Officer Burgos’ objection to the release of the requested records pursuant to §1-214(c), G.S., he could not release them unless ordered to do so by the FOI Commission.
5. Thereafter, the complainants filed this appeal.
6. It is found that by letter dated April 25, 2002, the respondent provided counsel for Burgos with notice of the complaint in this matter and informed him that “it is my understanding that you continue to represent Richard Burgos…[and] your office will be representing Richard Burgos’ interests and the matters involving his personnel file at any FOI Commission (sic) and that the Town of Manchester will not be sending any representation to the FOI hearings.”
7. Section 1-210(a), G.S., provides in relevant part that “[e]xcept as otherwise provided by any 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 during regular office or business hours or to receive a copy of such records….”
8. It is found that the respondent maintains the requested records and such records are public records within the meaning of §1-210(a), G.S.
9. It is found that the respondent and Burgos failed to provide any evidence to support a claim of exemption pursuant to §1-210(b)(2), G.S.
10. It is therefore found that because of the respondent and Burgos’ failure of proof in this case, the Commission cannot discern whether any legally cognizable interest would be compromised by disclosure of the subject records.
11. Consequently, it is concluded that the respondent violated §1-210(a), G.S., when he failed to provide the complainants with access to inspect 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 permit the complainants access to inspect and obtain a copy of the requested records.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 2002.
_______________________________________
Petrea A. Jones
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:
Christine Dempsey and The
Hartford Courant
200 Adams Street
Manchester, CT 06040
Chief, Police Department,
Town of Manchester
239 Middle Turnpike, East
PO Box 191
Manchester, CT 06045-0191
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-145/FD/paj/9/12/2002