FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
George Gombossy, Dave Drury
and The Hartford Courant,
Complainants
against Docket
#FIC 95-321
Alfred L. Shull, Chief of
Police, Simsbury Police Department,
Respondent March 27, 1996
The above-captioned matter was heard as a contested
case on March 1, 1996, at which time the complainants 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. It is
found that by letter dated September 19, 1995, the complainants requested that
the respondent provide them with access to a copy of the police report and
supporting documents, including statements, concerning the respondent's
investigation of a February 11, 1995 incident at a teenage party attended by
middle school age students (hereinafter "requested records").
3. It is
found that the respondent denied the request by letter dated September 25,
1995.
4. Having
failed to receive access to the requested records, the complainants, by letter
dated September 27, 1995, filed this appeal with the Commission on September
28, 1995, alleging that the respondent violated the Freedom of Information
("FOI") Act by denying them access to the requested records. The complainants requested that the
Commission impose a civil penalty against the respondent.
5. The
respondent contends that the requested records are exempt from disclosure
pursuant to 1-19(b)(3)(B), 1-19(b)(3)(C) and 1-19(b)(3)(E), G.S.
6. Section
1-19(b)(3)(B), (C) and (E), G.S., permit the nondisclosure of:
Docket #FIC 95-321 Page
2
(3)
records of law enforcement agencies not otherwise available to the
public which records were compiled in connection with the detection or
investigation of crime, if the disclosure of said records would not be in the
public interest because it would result in the disclosure of (B) signed
statements of witnesses, (C) information to be used in a prospective law
enforcement action if prejudicial to such action, (E) arrest records of a
juvenile, which shall also include any investigatory files, concerning the
arrest of such juvenile, compiled for law enforcement purposes.
7. It is
found that on February 11, 1995, the respondent's department investigated an
incident which occurred at a party in Simsbury attended by middle school age
students (hereinafter "the investigation").
8. It is
found that as a result of the investigation several juveniles were arrested and
referred to the Juvenile Ccourt.
9. It is
found that in connection with the investigation the respondent's department
compiled an investigatory file which contains a case report, statements of
witnesses, names of interviewees, a chronology of the investigation,
handwritten notes, waivers of constitutional rights by juveniles and referrals
to the Juvenile Court.
10. It is
found that the records described in paragraph 9, above, are public records
within the meaning of 1-19(a), G.S.
11. It is
found however, that the requested records constitute arrest records of
juveniles and the investigatory file concerning the arrest of such juveniles
within the meaning of 1-19(b)(3)(E), G.S.
12.
Consequently it is concluded that the requested records are permissibly
exempt from disclosure pursuant to 1-19(b)(3)(E), G.S.
13. In light
of the Commission's findings in paragraphs 11 and 12, above, it is not
necessary to address the respondent's further claims of exemption.
14. It is
concluded that the respondent did not violate 1-15 and 19(a), G.S.,
when he failed to provide the complainants with a copy of the requested
records.
Docket #FIC 95-321 Page 3
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 regular meeting of March 27, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-321 Page
4
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:
George Gombossy, Dave Drury
and The Hartford Courant Avon Bureau
56 East Main Street
Avon, CT 06001
Alfred L. Shull, Chief of
Police, Simsbury Police Department
933 Hopmeadow Street
Simsbury, CT 06070
Elizabeth A. Leifert
Acting Clerk of the Commission