FREEDOM
OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
William H. Daley and The Middletown Press, |
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Complainants | |||
against | Docket #FIC1990-384 | ||
Chief of Police,
Middletown Police Department, |
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Respondents | August 14, 1991 |
The above-captioned matter was heard as a contested case on January 31, 1991 and March 1, 1991, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. On March 12, 1991, the respondent presented a copy of the records at issue in this case for in camera inspection.
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 filed with this Commission on October 11, 1990, the complainants appealed the respondent's September 11, 1990 denial of his request for all documents pertaining to a completed disciplinary investigation conducted into allegations of improper behavior by a group of police officers on August 17-18, 1990.
3. It is found that the records in question relate to a private party that occurred on the evening of August 17, 1990 and continued into the early morning hours of August 18.
4. It is found that among those present at the party were off-duty police personnel.
5. It is also found that an anonymous individual sent a letter to the complainant newspaper as well as to the mayor's office consisting of accusations concerning the behavior of attendees at the party in question.
6. It is also found that as a result of these anonymous allegations, the respondent conducted an internal affairs investigation of the party in question.
7. It is found that the records at issue constitute a personnel, medical or similar file within the meaning of §1-l9(b)(2), G.S. 8. It is also found that the internal affairs investigation file is largely composed of statements made by employees of the respondent, other witnesses, and summaries or reports thereof. 9. It is found that as a result of this investigation, an employee of the respondent was disciplined for an infraction of the department's rules and regulations concerning an unauthorized rider in a police vehicle.
10. It is found that the respondent declined to provide the complainants with the requested documentation identified in paragraph 2, above.
11. It is found that with regard to the statements identified in paragraph 8, above, a great deal of the material consisted of witnesses' impressions and personal observations of other party attendees' personal conduct at a time and location away from the general public.
12. It is concluded after reviewing the records in camera, that the release of the records in the form requested by the complainants would result in the release of records that would likely lead to personal embarrassment and in which there exists a reasonable expectation of privacy.
13. It is also concluded, however, that the respondent violated the provisions of §1-l9(a), G.S. by withholding some information to which the public has a legitimate right and in which there does not exist a reasonable expectation of privacy including the identity of the officer actually disciplined; the specific discipline that was issued by the Chief; and a general description of the steps taken by the Middletown Police Department in conducting this internal affairs investigation after receiving the anonymous letter described in paragraph 5, above.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
The respondent shall forthwith provide the complainants with a letter or memorandum that identifies the officer who was disciplined pursuant to the case at hand; the specific discipline that was issued by the Chief; and a general description of the steps taken by the Middletown Police Department in conducting this internal affairs investigation after receiving the anonymous letter described in paragraph 5 of the findings, above.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 14, 1991.
______________________ Karen J. Haggett Clerk of the Commission
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:
WILLIAM F. MCDONALD, ESQ. 1052 Enfield Street Enfield, CT 06082
RICHARD T. BIGGAR, ESQ. Assistant Attorney General MacKenzie Hall 110 Sherman Street Hartford, CT 06105
ROBERT A. WHITEHEAD, JR., ESQ. Assistant Attorney General 55 Elm Street Hartford, CT 06106
______________________ Karen J. Haggett Clerk of the Commission