In the Matter of a Complaint by FINAL DECISION


Kathryn Calibey and Thomas G. Flood, Jr.,




against Docket #FIC 86-310


Commanding Officer, Reports and Records Office, Department of Public Safety, Division of State Police,


Respondent January 28, 1987


The above-captioned matter was heard as a contested case on December 3, 1986, at which time the complainants and the respondent appeared, stipulated to certain facts, and presented testimony and argument on the complaint.


After consideration of the entire record, the following facts are found:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. The complainants requested the respondent give them a copy of the complete accident investigation report numbered C-85-058453. This report covers a fatal motor vehicle collision that occurred on March 5, 1985, in Stafford Springs.


3. By letter dated October 22, 1986, the respondent denied the complainants' request.


4. By letter of complaint dated November 10, 1986, and filed with the Commission on November 12, 1986, the complainants appealed from the denial of their request.


5. The respondent claims the report is not disclosable without a court order under 54-76l and 54-76o, G.S.


6. It is found that the respondent failed to prove any arrest was made or crime charged as a result of the collision in question.


7. It is found, therefore, that the respondent failed to prove 54-76l and 54-76o, G.S., which deal with the records of youthful offenders, apply to the requested report.

8. Thus it is concluded that the report is disclosable without a court order.


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 provide the complainants with a copy of the report described in paragraph 2 of the findings above.


Approved by order of the Freedom of Information Commission at its regular meeting of January 28, 1987.


Catherine I. Hostetter

Acting Clerk of the Commission