FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Christopher Hoffman and New Haven Register,
Complainants
against Docket #FIC 94-101
James J. McGrath, Chief of Police, Ansonia Police
Department and Ansonia Board of Police Commissioners,
Respondents January 11, 1995
The above-captioned matter was heard as a contested case on October 27, 1994, at which time the complainants and the respondents appeared and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with contested case docket number FIC 94-102.
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 with this Commission on March 31, 1994, the complainants alleged that the respondent police chief violated the provisions of the Freedom of Information ("FOI") Act on March 25, 1994 by failing to provide to them prompt access to public records.
3. It is found that on March 25, 1994, the complainants requested of the respondent police chief access to parking tickets of the police department.
4. Police department parking tickets are public records within the meaning of 1-18a(d), G.S.
5. It is found that the only response the complainants got from the respondent police chief on March 25, 1994 was a laugh, although a week later, Lieutenant Abbels telephoned the complainants to inform them that they could then appear at the police station to inspect the requested records.
6. This Commission takes administrative notice of the final decision in contested case docket #FIC 92-234.
7. At the hearing into this matter, the respondent
Docket #FIC 94-101 Page 2
police chief claimed that he had requested the complainants to put their request for access in writing, and then he contacted an attorney to see whether he could condition the complainants' access to records on his receipt of a written request.
8. The respondent police chief also claimed that he always answers written requests within four business days.
9. It is concluded that under the circumstances of this case, the respondent police chief's week-long delay in responding to the complainants' request for public records was not prompt within the meaning of 1-19(a), G.S.
10. In its discretion this Commission declines to impose civil penalties on the respondent police chief under the facts of this case.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Henceforth the respondent police chief shall strictly comply with the promptness provisions of 1-19(a), G.S.
2. With respect to the respondent board of police commissioners, the case is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of January 11, 1995.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-101 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:
CHRISTOPHER HOFFMAN AND NEW HAVEN REGISTER
Ansonia Bureau
Box 277
Ansonia, CT 06401
JAMES J. McGRATH, CHIEF OF POLICE, ANSONIA POLICE DEPARTMENT AND ANSONIA BOARD OF POLICE COMMISSIONERS
c/o James E. Sheehy, Esq.
Ansonia Corporation Counsel
303 Wakelee Avenue
Ansonia, CT 06401
Debra L. Rembowski
Clerk of the Commission