FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Rick Guinness and The Herald, |
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Complainant |
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against |
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Docket
#FIC 2000-009 |
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Office of the Fire Marshal, |
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Respondents |
May 10, 2000 |
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The above-captioned matter was heard as a contested case on February 22, 2000, 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 §1-200(1), G.S.
2. It is found that by letter dated September 27, 1999, the complainants requested that the respondent provide them with an opportunity to inspect all records pertaining to a fire which occurred at 102 Washington / 50 Myrtle Streets in New Britain [hereinafter “the requested records”].
3. It is found that, subsequent to the request described in paragraph 2, above, the complainant Guinness and Captain Dinda, the deputy fire marshal, engaged in a series of conversations about such request, in which the complainants were denied access to the requested records and were informed that the fire at issue was under investigation. It is found that one such conversation occurred within thirty days prior to the filing of the complaint described in paragraph 4, below.
4. Having failed to receive an opportunity to inspect the requested records, the complainants, by letter dated January 5, 2000 and filed on January 6, 2000, appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying them access to the requested records.
5. It is concluded
that the requested records are public records within the meaning of §1-200(5),
G.S.
6. Section 1-210(a), G.S., provides, in relevant part:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have a right to inspect such records promptly during regular office or business hours…. [Emphasis added.]
7. The respondents contend that the requested records are exempt from disclosure by virtue of §1-210(b)(3)(C), G.S.
8. Section 1-210(b)(3)(C), G.S., permits the nondisclosure of:
[r]ecords 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…(C) information to be used in a prospective law enforcement action if prejudicial to such action….
9. It is found that the respondent is a law enforcement agency within the meaning of §1-210(b)(3), G.S., and that it compiled the requested records in connection with the detection or investigation of the crime of arson. It is also found that the requested records are not otherwise available to the public.
10. It is found that the fire marshal has ruled that the fire at 102 Washington / 50 Myrtle Streets was caused by arson, and that the investigation has been referred to the New Britain Police Department so that such department may pursue an arrest. It is further found that disclosure of the requested records would not be in the public interest because such information is to be used in a prospective law enforcement action and that such disclosure might prejudice such action.
11. Accordingly, it is concluded that the requested records are permissively exempt from mandatory disclosure, pursuant to §1-210(b)(3)(C), G.S., and that the respondent did not violate the FOI Act, as alleged in the complaint.
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
May 10, 2000.
_________________________
Melanie R. Balfour
Acting Clerk of the Commission
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:
Rick
Guinness and The Herald
One
Herald Square
New
Britain, CT 06050-2050
Office of the Fire Marshal,
City of New Britain
c/o
Joseph E. Skelly, Jr., Esq.
Office
of Corporation Counsel
27
West Main Street
New
Britain, CT 06051
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-009/FD/mes/05/11/00