FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by            FINAL DECISION

 

Kathryn J. Kranhold and The Hartford Courant,

 

                        Complainant(s)

 

            against              Docket #FIC 90-118

 

Middletown Police Department and City of Middletown,

 

                        Respondent(s)              November 14, 1990

 

            The above-captioned matter was heard as a contested case on July 19, 1990, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  At the hearing on this matter Dennis J. Anziano asked for and was granted intervenor status in these proceeding.

 

            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(a), G.S.

 

            2.  By letter of request dated March 7, 1990, the complainant sought permission to view the personnel file of former Middletown police officer Dennis J. Anziano.

 

            3.  By letter of complaint dated March 26, 1990, and filed with the Commission on March 28, 1990, the complainants alleged that the respondents by letter dated March 13, 1990, denied them access to documents contained in the personnel file of former Middletown police officer Dennis J. Anziano.

 

            4.  Subsequent to the filing of the complaint in this matter, the respondents provided the complainants with copies of all non-exempt information contained in Mr. Anziano's personnel file, with the exception of documents pertaining to disciplinary matters and actions taken regarding those disciplinary matters, (hereinafter "reports").

 

5.     At the hearing on this matter, the respondents and Mr. Anziano claimed that the reports were exempt from disclosure and should have been destroyed pursuant to an order in a decision by the Connecticut Board of Labor Relations.

 

Docket #FIC 90-118                                      Page 2

 

            6.  It is found that the reports in question are public records within the meaning of 1-18a(d), G. S.

 

            7.  It is found that the document characterized as an order of the Connecticut Board of Labor Relations is in fact a stipulation of settlement between the City of Middletown and the Middletown Police Local #1361 of Council #15 AFSCME, AFL-CIO (hereinafter "stipulation") regarding a grievance brought before the State Board of Mediation and Arbitration.

 

            8.  It is concluded that the contractual agreement referenced in paragraph 6, above, does not govern this matter.  In the absence of state statute, promises made as part of a contractual agreement do not supersede the Freedom of Information Act.  Furthermore, neither the respondents nor Mr. Anziano may by agreement abrogate the public's right of access to public documents.

 

            9.  It is found that records concerning the conduct of a police officer that are maintained in either the officer's personnel file or in an internal affairs division file relate directly to the conduct of the public's business.

 

            10.  It is further found that disclosure of the reports in question would not constitute an invasion of personal privacy with respect to Mr. Anziano.

 

            11.  It is concluded that the reports in question are not exempt from disclosure under 1-19(b)(2), G.S., and therefore, are public records subject to the disclosure requirements of 1-15 and 1-19(a), G.S.

 

            The following order by the Commission is hereby recommended

on the basis of the record concerning the above captioned complaint:

 

            1.  The respondents shall forthwith provide the complainants with certified copies of the documents more fully described in paragraph 3 of the findings, above, which have not been provided.

 

Docket #FIC 90-118                                   Page 3

 

            2.  The respondents may mask the reports referred to in paragraph 1 of this order to prevent disclosure of (a) the names of civilians or other identifying information to the extent that such information is contained in the documents and to the extent that such disclosure would constitute an invasion of the personal privacy of the civilians within the meaning of 1-19(b)(2), G. S., and (b) medical information about Dennis J. Anziano, the disclosure of which would constitute an invasion of personal privacy within the meaning of 1-19(b)(2), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of November 14, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-118                                   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:

KATHRYN J. KRANHOLD AND THE HARTFORD COURANT

641 Main Street

Middletown, CT 06457

 

MIDDLETOWN POLICE DEPARTMENT AND CITY OF MIDDLETOWN

c/o Tim Lynch, Esq.

City Attorney's Office

P.O. Box 1300

245 DeKoven Drive

Middletown, CT 06457

 

DENNIS J. ANZIANO

c/o Ralph E. Wilson, Esq.

210 South Main Street

Middletown, CT 06457

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission