FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Edward Peruta,
Complainant
against Docket
#FIC 94-208
Philip Dunn, Chief of Police,
Rocky Hill Police Department,
Respondent April 5, 1995
The above-captioned matter was heard as a contested
case on January 27, 1995, at which time the complainant and the respondent
appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing
with contested case docket #FIC 95-4.
At the hearing, the International Brotherhood of Police Officers
("IBPO") was granted intervenor status in accordance with the
provisions of 1-21j-28, G.S.
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
of complaint filed with this Commission on June 27, 1994, the complainant
alleged that the respondent violated the provisions of the FOI Act by denying
him access to an internal affairs file and video-tape of detective Corbin. He requested a civil penalty against the
respondent.
3. It is
found that the records at issue in this case, which are public records within
the meaning of 1-18a(d), G.S., are the same records as those the subject
of contested case docket #FIC 94-9, Edward A. Peruta against Philip Dunn, Chief
of Police, Rocky Hill Police Department.
4. This
Commission takes administrative notice of the record and final decision in
contested case docket #FIC 94-9.
5. The
complainant argues that because the state's attorney has decided not to
criminally prosecute detective Corbin since the time of the issuance of the
final decision in FIC 94-9, he is now entitled to the requested records.
6. It is
concluded, however, the this Commission's prior conclusion in FIC 94-9 that the
records at issue are exempt from
Docket #FIC 94-208 Page
2
disclosure pursuant to
1-19(b)(3) and 1-19(b)(4), G.S., is still valid in light of the
continued pendency of other related claims more fully set forth in FIC 94-9.
7. This
Commission also notes that the fact the related proceedings on the Corbin
matter are not proceeding at the pace hoped for and anticipated by the parties
to this matter does not render this Commission's final decision in FIC 94-9
obsolete at this time, as advocated by the complainant.
8. It is
concluded that under the facts of this case, the respondent is not in violation
of the provisions of the FOI Act.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The
complaint is hereby dismissed.
Approved by Order of the
Freedom of Information Commission at its special meeting of April 5, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-208 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:
EDWARD PERUTA
38 Parish Road
Rocky Hill, CT 06067
PHILIP DUNN, CHIEF OF POLICE,
ROCKY HILL POLICE DEPARTMENT
c/o Donald W. Strickland,
Esq.
Siegel, O'Connor, Schiff
& Zangari, P.C.
370 Asylum Street
Hartford, CT 06103
Debra L. Rembowski
Clerk of the Commission