FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Billy G. Hunt, | |||
| Complainants | |||
| against | Docket #FIC 2002-153 | ||
|
Chief, Police Department, City of Torrington, |
|||
| Respondents | September 25, 2002 | ||
The above-captioned matter was heard as a contested case on July 8, 2002, at which time the complainant 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. By letter dated April 1, 2002, and filed on April 4, 2002, the complainant appealed to this Commission, alleging that the respondent failed to comply fully with this Commission’s final decision in docket #FIC2001-192, Billy G. Hunt v. Chief, Police Department, City of Torrington (December 12, 2001) [hereinafter “Docket #FIC 2001-192”]. The complainant requested that a civil penalty be imposed against the respondent.
3. With respect to the complainant’s allegation, the Commission takes administrative notice of the record and decision in Docket #FIC 2001-192, wherein the complainant requested, by letter dated March 28, 2001, that the respondent provide him with copies of any and all investigation reports by the respondent and the Waterbury Regional Narcotics Task Force related to the complainant and the Franklin Street Café from December 1998 until June 3, 1999.
4. Paragraph 14 of the findings in the final decision in Docket #FIC2001-192 found that in-camera documents IC2001-192-1-14, 17, 20, 21, 23, 24, 31-34, 37, 38, and 42-46, which the respondent initially sought to withhold from the complainant, were not exempt from mandatory disclosure. Accordingly, the Commission ordered the respondent to provide copies of such records to the complainant.
5. It is found that, pursuant to the order in Docket #FIC 2001-192, the respondent provided the complainant with copies of the records described in paragraph 4, above, under cover letter dated March 1, 2002.
6. It is found that, by letter dated March 18, 2002, to the respondent, the complainant acknowledged receipt of certain records but informed the respondent that he was not provided with in-camera documents IC2001-192-1-11.
7. It is found that the respondent does not object to providing the complainant with copies of the records described in paragraph 4, above. It is further found that the complainant, who is incarcerated and who was represented by his mother at the hearing in this matter, provided no evidence to the Commission as to why he believed he had not been provided with all records at issue.
8. It is found that, by letter dated June 17, 2002, the respondent sent to the complainant a second copy of in-camera documents IC2001-192-1-11. It is also found that, at the hearing in this matter, the respondent again provided the complainant with copies of such records. Finally, in an effort to clear up this matter, the respondent represented to the Commission that he would again supply the complainant with copies of all records described in paragraph 4, above.
9. Based upon the facts and circumstance of this case, it is concluded that the respondent complied with the order in Docket #FIC2001-192.
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 September 25, 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:
Chief, Police Department,
City of Torrington
c/o Albert G. Vasko, Esq.
Corporation Counsel
140 Main Street
Torrington, CT 06790
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-153/FD/paj/9/30/2002