FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Frederick A. Boland,  
  Complainant  
  against   Docket #FIC 2008-258

Chief, Police Department,

City of Bristol; and Police

Department, City of Bristol,

 
  Respondents September 24, 2008
       

 

The above-captioned matter was heard as a contested case on July 17, 2008, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1)(A), G.S.

 

2.      It is found that on March 19, 2008, the complainant made a written request for police reports related to two incidents on March 14, 2008 and one on March 18, 2008.

 

3.      It is found that on March 21, 2008, the Records Division Commander for the respondents responded by letter to the complainant’s request, described in paragraph 2, above.  It is found that the letter informed the complainant that the respondents denied the complainant’s request, because “these are active police investigations with arrest[s] made.”

 

4.      By letter dated April 12, 2008 and filed on April 14, 2008, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his request for records, described in paragraph 2, above.

 

5.   Section 1-200(5), G.S., defines “public records or files” as:

 

Any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received or retained by a public agency … 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:

 

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

 

7.      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 . . . .”

 

8.     It is found that the records described in paragraph 2, above, are public records.

 

9.     At the hearing in this matter, the respondents explained the Bristol Police Department’s general policy not to release arrest reports until the case has been adjudicated by the court.  It is found that the respondents use the words “arrest reports” interchangeably with “incident reports” to describe a report concerning an arrest. 

 

10. With reference to the disclosure of arrest records, §1-215, G.S., states:

 

(a) Notwithstanding any provision of the general statutes to the contrary, and except as otherwise provided in this section, any record of the arrest of any person, other than a juvenile, except a record erased pursuant to chapter 961a, shall be a public record from the time of such arrest and shall be disclosed in accordance with the provisions of section 1-212 and subsection (a) of section 1-210, except that disclosure of data or information other than that set forth in subdivision (1) of subsection (b) of this section shall be subject to the provisions of subdivision (3) of subsection (b) of section 1-210.  Any personal possessions or effects found on a person at the time of such person's arrest shall not be disclosed unless such possessions or effects are relevant to the crime for which such person was arrested.

 

(b) For the purposes of this section, “record of the arrest” means (1) the name and address of the person arrested, the date, time and place of the arrest and the offense for which the person was arrested, and (2) at least one of the following, designated by the law enforcement agency:  The arrest report, incident report, news release or other similar report of the arrest of a person.

 

11.   It is found that the records described in paragraph 2, above, are the “record of the arrest,” within the meaning of §1-215(b), G.S.

 

12.   It is found that the respondents failed to provide copies of any of the records described in §1-215(b)(1) and (2), G.S.

 

13.   Accordingly, it is concluded that the respondents violated §1-215, G.S.

 

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

 

1.      The respondents shall provide to the complainant copies of the records he requested on March 19, 2008, free of charge.

 

2.      Henceforth, the respondents shall comply with the requirements of §1-215, G.S.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 24, 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:

 

Frederick A. Boland

45 Pineridge Drive

Harwinton, CT 06791

 

Chief, Police Department,

City of Bristol; and Police

Department, City of Bristol

c/o Wyland Dale Clift, Esq.

Bristol Corporation Counsel’s Office

111 North Main Street

Bristol, CT 06010

 

 

 

 

__________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2008-258FD/paj/9/29/2008