FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on September 12, 2002, 2003, 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 March 27, 2002, the complainant newspaper requested that the respondent provide it with a copy of the complete investigative report into the death of Michael Dwyer.  

 

3.  It is further found that, by letter dated April 2, 2002, the respondent denied the request described in paragraph 2, above, citing §§1-210(b)(2) and 1-210(b)(3), G.S. 

 

4.  By letter dated April 11, 2002, and filed on April 12, 2002, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information [FOI] Act by denying them copies of the requested records.

 

5.  It is found that the cause of death of Mr. Dwyer was found to be a suicide.

 

6.  The respondent submitted the entire investigative file into the death of Mr. Dwyer for in-camera inspection.  However, based upon the statements of the complainant Williams at the hearing in this matter, it is found that the only records at issue herein are identified as IC-2002-164-2 through IC-2002-164-8a, which constitutes the investigation of the respondent’s department into Mr. Dwyer’s death.  

 

7.  It is concluded that IC-2002-164-2 through IC-2002-164-8a are public records within the meaning of §1-200(5), G.S.

 

 

 

8.  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 the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.

 

9.  Section 1-212(a), G.S., provides, in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

 

10.  On brief, the respondent did not claim an exemption to the disclosure of IC-2002-164-2, IC-2002-164-3, IC-2002-164-5, and IC-2002-164-8.  Consequently, it is found that the respondent violated the promptness provision of §1-212(a), G.S., with respect to the provision of such records.

 

11.  The respondent contends that §1-210(b)(3)(B), G.S., exempts from mandatory disclosure IC-2002-164-6 and IC-2002-164-8a. 

 

12.  Section 1-210(b)(3)(B), 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…(B) signed statements of witnesses….

 

            13.  It is found that the respondent is a law enforcement agency within the meaning of §1-210(b)(3), G.S., and that he compiled the requested records in connection with the investigation of the death of Mr. Dwyer.  It is also found that IC-2002-164-6 and IC-2002-164-8a are not otherwise available to the public. 

 

14.  Upon careful examination of IC-2002-164-6 and IC-2002-164-8a, it is further found that such records constitute signed statements of witnesses within the meaning of §1-210(b)(3)(B), G.S., and that disclosure of said records would not be in the public interest.  Accordingly, it is concluded that §1-210(b)(3)(B), G.S., operates to exempt such records from mandatory disclosure, and that the respondent did not violate the FOI Act by denying the complainants copies thereof.

 

15.  The respondent contends that IC-2002-164-4 and IC-2002-164-7 are exempt from mandatory disclosure by virtue of §1-210(b)(2), G.S.

 

16.  Section 1-210(b)(2), G.S, in relevant part provides for the nondisclosure of "personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy."

 

17.  Upon careful examination of IC-2002-164-4 and IC-2002-164-7, it is found that, while they incidentally cite medications taken by the deceased, such records are fundamentally the reports of two Vernon police officers charged with investigating the death of Mr. Dwyer.  As such, it is further found that such records do not constitute personnel or medical files and similar files, within the meaning of §§1-210(b)(2), G.S.  Accordingly, it is concluded that such provision does not operate to exempt the requested records from mandatory disclosure, and that the respondent violated §1-212(a), G.S., by denying the complainants copies of such records.

 

18.  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 complainants with copies of IC-2002-164-2, IC-2002-164-3, IC-2002-164-4, IC-2002-164-5, IC-2002-164-7, and IC-2002-164-8, at no cost.  

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

March 26, 2003.

 

 

___________________________________

Ann B. Gimmartino

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:

 

Ralph W. Williams, Jr. and

Journal Inquirer

306 Progress Drive, PO Box 510

Manchester, CT  06045-0510

 

Chief, Police Department,

Town of Vernon

c/o Martin B. Burke, Esq.

130 Union Street, PO Box 388

Rockville, CT 06066

 

Chief, Police Department,

Town of Vernon

c/o Jerome D. Levine, Esq.

280 Talcottville Road

Vernon, CT 06066

 

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-164FD/abg/03/27/2003