In the Matter of a Complaint by FINAL DECISION


Jon L. Schoenhorn,




against Docket #FIC 87-379


Chief, East Hartford Police Department,


Respondent April 27, 1988


The above-captioned matter was heard as a contested case on February 2, 1988, 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:


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


2. By letter dated December 11, 1987, the complainant made a request of Detective Robert Kenary for information concerning: "(1) All inter-departmental complaints, reports and conclusions either filed by Officers Gary Cooper and Michael LeFebvre, or in which they were the subject of said complaint. (2) All reports, memoranda, letters and other investigation materials prepared in connection with an inter-departmental complaint filed by Sergeant Gary Welch on August 12, 1987."


3. By letter dated December 15, 1987 the respondent chief responded to the complainant by stating that he would provide him with copies of the documents set forth in subsection 1 of his request, however, he felt that the documents referred to in subsection 2 were exempt from disclosure under 1-19(b)(3)(B), G.S.


4. By letter of complaint filed with the Commission on December 17, 1987 the complainant appealed the respondent's failure to provide all of the requested information.


Docket #FIC 87-379 Page 2


5. At the hearing, the complainant amended his request to seek access to only the reports, memoranda, letters and other investigation material prepared in connection with the interdepartmental complaint filed by Sergeant Gary Welch on August 12, 1987, referred to at paragraph 2, above.


6. The respondent claims that the requested information is exempt from disclosure under 1-19(b)(3)(B), G.S., in that there is a criminal investigation still pending and that he anticipates other activity may be pursued in light of the information that has been generated as a result of the interdepartmental complaint filed by Sergeant Welch on August 12, 1987.


7. In view of the entire record before it, the Commission is not persuaded that all of the information contained in the file in question is exempt from disclosure pursuant to 1-19(b)(3)(B), G.S.


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 complainant with a copy of all of the records contained in the file more specifically identified in paragraph 5 of the findings of fact, above.


2. In complying with paragraph 1 of this Order, the respondent may delete or otherwise mask information which is exempt from disclosure under 1-19(b)(3)(B), G.S.


3. If any portion of the requested file is deleted or otherwise masked in accordance with paragraph 2 of this Order, the respondent shall provide the complainant, in affidavit form, with the specific statutory exemption relied on and the factual justification for each portion of the file that is not disclosed.


Approved by order of the Freedom of Information Commission at its regular meeting of April 27, 1988.



Catherine H. Lynch

Acting Clerk of the Commission