FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Joseph Belliveau,

 

 

Complainants

 

 

against

 

Docket #FIC 1997-266

Beth Stefanik, Supervisor, Records Department, Vernon Police Department; and Vernon Police Department,

 

 

Respondents

February 18, 1998

        The above-captioned matter was heard as a contested case on December 29, 1997, at which time the complainant and 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 1-18a(1), G.S., ( 1-18a(a), G.S., prior to Oct. 1, 1997).

        2. By letter of complaint dated September 30, 1997 and filed on October 3, 1997, the complainant alleged that the respondents failed to comply with the Commission’s order in contested case docket #FIC 1996-616, Supervisor, Records Department, Vernon Police Department, and Vernon Police Department ("FIC 1996-616"). Specifically, the complainant alleged that the respondents failed to comply with paragraph 3 of the order which reads:

        3. The complainant requested in his September 30, 1997 letter of complaint that the Commission impose civil penalties upon the respondents.

        4. The Commission takes administrative notice of the final decision in FIC 1996-616.

        5. It is found that on August 25, 1997 the respondent department’s commanding officer, Lieutenant Greenier, posted a copy of the final decision in FIC 1996-616 on a bulletin board located in the main hallway of the police department, which location is accessible to the employees of the police department, but not to the general public if unescorted. It is found that such posted copy bore Lieutenant Greenier’s handwritten notation, indicating that " this must remain posted until 9/25/97 per FOI."

        6. The complainant contends that the Commission’s order required that the respondent department post a copy of the final decision in FIC 1996-616 in a location within the police department that is accessible to the public.

        7. It is found that paragraph 3 of the order in FIC 1996-616, as written, does not support the complainant’s contention.

        8. It is found that Lieutenant Greenier’s posting of the final decision in the police department as described in paragraph 5 of the findings above, complies with the Commission’s order in paragraph 3 of FIC 1996-616.

        9. With respect to the portion of the Commission’s order in FIC 1996-616 requiring that the respondent department post a copy of the final decision in the town hall for a period of thirty days, it is found that a copy of such final decision was posted in the town clerk’s office in accordance with the Commission’s order.

        10. It is therefore concluded that the respondent police department complied with paragraph 3 of the Commission’s order in FIC 1996-616.

        11. Consequently, the complainant’s request that the Commission impose civil penalties upon the respondents is denied.

        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 regular meeting of February 18, 1998.

_________________________
Doris V. Luetjen
Acting Clerk of the Commission

Docket #FIC 1997-266 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:
Joseph Belliveau
P.O. Box 462
Ellington, CT 06029

Beth Stefanik, Supervisor, Records Department, Vernon Police Department; and Vernon Police Department
c/o Martin B. Burke
130 Union Street
P.O. Box 388
Rockville, CT 06066

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-266/FD/tcg/02181998