FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

  

The above-captioned matter was heard as a contested case on October 11, 2007, at which time the complainants and 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 on June 4, 2007, the complainant, Bill Kaempffer, made a request for a copy of the videotape related to the June 16, 2006 homicide of Jajuana Cole (hereinafter “videotape”). 

 

3.      It is found that, on June 4, 2007, the respondent denied the complainant’s request citing, §1-210(b)(3)(C), G.S.

 

4.      By e-mail dated June 4, 2007, the complainants appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying Mr. Kaempffer’s request.

 

5.      Section 1-200(5), G.S., provides in relevant part that:

 

“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

6.      Section 1-210(a), G.S., provides in relevant part that:

 

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 . . . receive a copy of such records in accordance with section 1-212.

 

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

 

8.      It is found that the videotape is allegedly a recording of the five youths convicted for the killing of Jajuana Cole, which recording allegedly shows them in a car, brandishing guns and playing loud music up to the time that the shots were fired. 

 

9.      It is found that the five youths described in paragraph 8, above, entered guilty pleas in Superior Court and have been sentenced.  It is further found that no appeals have been filed in any of the cases.

 

10.   It is found that, notwithstanding the respondent’s reply to Mr. Kaempffer’s request which is described in paragraph 2, above, he does not claim that the videotape is exempt from disclosure pursuant to any provisions of the FOI Act, but rather contended, at the hearing on this matter, that because he no longer “maintains” the videotape, he is absolved from having to provide it to the complainant.

 

11.   It is found that prior to Mr. Kaempffer’s request, the respondent released the sole copy of the videotape to an inspector from the State’s Attorney’s Office. 

 

12.   It is found that the videotape is still the property of the New Haven Police Department (hereinafter “NHPD”) and that pursuant to policy and practice, the videotape is expected to be returned to the NHPD.

 

13.   It is found, however, that the respondent did not submit a request to the State’s Attorney’s Office for the return of the videotape, nor did he request that the State’s Attorney’s Office make a copy of the videotape and have the copy forwarded to the NHPD. 

 

14.   It is found that the videotape is a public record within the meaning of §§1-200(5), 1-212(a) and 1-210(a), G.S.  It is further found that the respondent failed to prove he is not required to keep on file or maintain such record.

 

15.   It is concluded therefore that the respondent violated §§1-212(a) and 1-210(a), G.S., by failing to comply with the complainant’s request.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.      The respondent shall forthwith retrieve, or otherwise obtain a copy of, the videotape described in paragraphs 2 and 8, of the findings, above, and provide a copy to the complainants, free of charge.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 9, 2008.

 

 

________________________________

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:

 

Bill Kaempffer and the New

Haven Register

40 Sargent Drive

New Haven, CT 06511

           

Chief, Police Department, City

of New Haven

c/o Kathleen Foster, Esq.

Office of the Corporation Counsel

165 Church Street

New Haven, CT 06510

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2007-334FD/paj/1/15/2008