FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Evangelos Lillios and Raymond P. Bilodeau,
against Docket #FIC 92-44
Labor Relations Department, State of Connecticut, Department of Public Safety, Division
of State Police,
Respondent January 19, 1993
The above-captioned matter was heard as a contested case on August 6, 1992, 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 1-18a(a), G.S.
2. By letter dated December 23, 1991, the complainants requested certified copies of the following:
a. "all records, including written, typed electronically
recorded or computer recorded records concerning
or involving Evangelos Lillios on May 4, 1989
from 5:45 p.m. until 12:00 a.m....[including]
recordings of radio communications from and
between police vehicles or aircraft and/or their
base stations, and computer records, and also
to Troop C, Sturbridge Massachusetts, State Police
b. "all journals or logs identifying the vehicles used
by State Policemen Robert Bardelli, Justin Kelley
and Louis Lacaprucia and the times such vehicles
were used on the above date."; and
Docket #FIC 92-44 Page 2
c. recordings of:
i) an August 18, 1989 dispatcher's call from
"the City of Concord, New Hampshire Police
Department to telephone number (203) 684-2741,
Troop C, Stafford Springs, Connecticut State Police
Barracks at aproximately 10:15 a.m. to 10:22 a.m.
and...a duplicate copy to be made of the
telephone conversation at that time..."
ii) "an electronically recorded telephone
telephone conversation lasting eight (8) minutes
on August 30, 1989 at 8:09 p.m. to Sergeant John
Foley at (203) 684-2754."
iii) telephone calls "on Monday morning November
4, 1991 commencing at 9:47 a.m. and lasting eight
(8) minutes to Trooper Waddell and then on Tuesday
morning on November 5, 1991 commencing at 9:31
a.m. lasting two (2) minutes...made to Stafford
Springs, Connecticut, State Police Barracks (203)
3. By letter dated December 31, 1991, the Department of Public Safety's supervisor of reports and records acknowledged receipt of the complainants' request and indicated that he was forwarding it to the respondent Labor Relations Department.
4. It is found that by letter dated January 13, 1992, the respondent informed the complainants that due to pending litigation, the records would not be provided.
5. It is concluded that the requested records are public records within the meaning of 1-18a(d), G.S.
6. It is found that the complainant Lillios is a plaintiff in a pending civil action in the United States District Court for the District of Massachusetts.
7. It is also found that at least three of the defendants in the pending litigation are Connecticut state troopers, and that such litigation commenced sometime prior to the complainants' December 23, 1991 records request.
8. It is also found that the complainant Bilodeau is an attorney who is assisting the complainant Lillios with the pending litigation.
Docket #FIC 92-44 Page 3
9. It is also found that the pending litigation stems from a May 4, 1989 incident involving the complainant Lillios' arrest and that the records sought by the complainants directly pertain to that incident and the events that transpired in connection therewith.
10. The respondent maintains that the requested records are exempt from disclosure under 1-19b(b)(1), G.S., which provides that nothing in the Freedom of Information Act shall be deemed in any manner to affect the rights of litigants under the laws of discovery of this state.
11. It is found that the complainant Lillios has filed several requests for admissions and production of documents with the three Connecticut defendants, in connection with the pending litigation.
12. It is also found as a result of the requests described in paragraph 11, above, that the complainant has been supplied with some of the records he requested from the respondent on December 23, 1991.
13. It is also found that the complainant mailed a "First Request for Production of Documents" to the Keeper of the Records, Department of Public Safety on or about December 23, 1991 and that many of the documents requested in the request for production are the same or similar to those requested in the complainants' December 23, 1991 request that gave rise to the complaint to this Commission.
14. In light of the foregoing facts of this case, the Commission, as a matter of comity, declines to order disclosure of the records described in paragraph 2, above.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its special meeting of January 15, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-44 Page 4
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:
Raymond P. Bilodeau
600 Main Street, Suite 1204
Worchester, MA 06608
Labor Relations Department,
State of Connecticut, Department of Public Safety,
Division of State Police
c/o Asst. Atty. Gen. Martin Rosenfeld
110 Sherman Street
Hartford, CT 06105
Debra L. Rembowski
Acting Clerk of the Commission