FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Paul R. Mathewson,

 

                                Complainant

 

                against                   Docket #FIC 95-289

 

City of Bridgeport, Police Department,

 

                                Respondent                          March 27, 1996

 

                The above-captioned matter was heard as a contested case on February 1, 1996, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

                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.  On August 18, 1995, by telephone, the complainant made three separate requests of the respondent for the following information:  (1) the name and address of the individual arrested on Sheridan Street, Bridgeport, on August 18, 1995 and (2) the crime with which he was charged.

 

                3.  On August 21, 1995, the complainant personally appeared at the respondent's place of business and requested the information described in paragraph 2, above.

 

                4.  Having failed to receive the requested information, the complainant, by letter dated August 28, 1995 and filed on August 30, 1995, appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by failing to provide him with the requested information.

 

                5.  At the hearing the respondent's counsel acknowledged the respondent's failure to provide prompt access to the requested information and tendered to the complainant a copy of the Police Incident Report number 950818015.  The respondent's counsel further indicated an intention to educate the respondent with regard to similar requests in the future.

 

Docket #FIC 95-289                                             Page 2

 

                6.  It is found that the police incident report described in paragraph 5, above, contains the requested information in this matter.

 

                7.  It is concluded, however, that the respondent violated 1-15(a), G.S. by failing to provide prompt access to the requested information as described in paragraph 2, above.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The respondent shall forthwith comply strictly with the requirements of 1-15(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 27, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-289                                             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:

Paul R. Mathewson

P.O. Box 787

Stratford, CT 06497-0787

 

City of Bridgeport, Police Department

c/o John H. Barton, Esq.

Office of City Attorney

202 State Street

Bridgeport, CT 06604

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission