FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Richard Plaskonka,
Complainant
against Docket #FIC 91-279
Philip Schnabel, Chief of Police, Rocky Hill Police Department, Sergeant Ronald
Boske, Rocky Hill Police Department, Rocky Hill Police Department and Town of Rocky Hill,
Respondents March 25, 1992
The above-captioned matter was heard as a contested case on February 14, 1992, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for the purposes of hearing with Docket #FIC 91-282 and Docket #FIC 91-329.
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 complaint filed on September 10, 1991, the complainant appealed to the Commission, alleging that his request to inspect civilian complaint files had been denied, and requesting the imposition of civil penalties against the respondents.
3. It is found that the complainant on August 15, 1991 requested that the respondent Sergeant Boske provide him with access to inspect the files containing initial citizens' complaints against police officers in 1991, as well as other documents compiled in connection with the same, such as investigative reports, statements, or any other data that are part of such files.
4. It is found that Sergeant Boske conferred with Chief Schnabel, who directed Sergeant Boske not to provide access to the requested files.
5. It is found that the requested records contain the initial complaints against Rocky Hill police officers and the internal investigative records concerning those complaints.
6. It is concluded that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
Docket #FIC 91-279 Page 2
7. It is found that the requested records comprise files on five police officers, four of whom were exonerated after internal investigation, and one for whom the complaint was withdrawn.
8. The respondent maintains that the requested records are exempt from disclosure pursuant to 1-19(b)(2), G.S.
9. It is concluded, however, that the respondent failed to prove that the officers who are the subjects of the requested files have any reasonable expectation of privacy in the files.
10. It is therefore concluded that the respondent violated 1-19(a), G.S., by failing to provide the complainant access to the requested records.
11. The Commission in its discretion declines to impose civil penalties against the respondents.
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 complainant with access to inspect the records described in paragraph 3 of the findings, above, at a time mutually agreeable to the parties.
2. Henceforth the respondents shall strictly comply with the requirements of 1-19(a), G.S., concerning access to civilian complaint files.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 25, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-279 Page 3
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:
Richard Plaskonka
P.O. Box 4382
Hartford, CT 06146
Philip Schnabel, Chief of Police
Rocky Hill Police Department
Sergeant Ronald Boske, Rocky Hill Police Department
Rocky Hill Police Department
Town of Rocky Hill
c/o Attorney Curtis Roggi
Roggi & Stuhlman
1160 Silas Deane Highway
Wethersfield, CT 06109
Debra L. Rembowski
Acting Clerk of the Commission