FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Jon L. Schoenhorn,
Complainant
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