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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Kristy Chevarella and Ray Williams, |
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Complainants |
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against |
Docket #FIC 2000-362 |
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Police
Department, City of |
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Respondent |
February 14, 2001 |
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The above-captioned matter was heard as a contested
case on October 23, 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 June 29, 2000, the
complainants requested that the respondent provide them with copies of all
documents relating to the criminal investigation of the complainant Williams.
3. By letter dated [July] 6, 2000, and filed with the Commission
on July 10, 2000, the complainants appealed to this Commission, alleging that
the respondent violated the Freedom of Information [hereinafter “FOI”] Act
by failing to provide them with copies of the requested records.
4.
Section
1-210(a), G.S., provides in relevant part that:
“[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 the right . . . to receive a copy of such records
in accordance with the provisions of section 1-212….”
5.
Section 1-212(a), G.S., provides in relevant part that “[a]ny person
applying in writing shall receive, promptly upon request, a plain or certified
copy of any public record . . . .”
6.
At the hearing in this matter, the complainants acknowledged receipt of
all requested records, excepting a signed statement of Barbara Dublin
[hereinafter “statement”], and limited the scope of the complaint to the
denial of the request for such record.
7. It is found that the respondent keeps on file or maintains
the statement and that the statement is a public record within the meaning of
§1-210(a), G.S.
8. The respondent contends that the statement is exempt
from disclosure pursuant to §1-210(b)(3)(B), G.S.
9.
Section 1-210(b)(3)(B), G.S., provides, in relevant part, that nothing
in the FOI Act shall require the disclosure of:
“records
of law enforcement agencies not otherwise available to the public which
records were compiled in connection with the detection or investigation of a
crime, if the disclosure of said records would not be in the public interest
because it would result in the disclosure of . . . signed statements of
witnesses. . . .”
10.
It is found that the respondent conducted a criminal investigation into
allegations made against the complainant Williams.
It is also found that during the aforementioned investigation, the
statement was supplied to the respondent, and that the statement is a signed
statement of a witness within the meaning of §1-210(b)(3)(B), G.S.
11.
It is found, therefore, that the statement is permissibly exempt from
mandatory disclosure pursuant to §1-210(b)(3)(B), G.S., and it is concluded
that the respondent did not violate the provisions of §§1-210(a) and
1-212(a), G.S., by denying the complainants’ request for said record.
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 February 14, 2001.
_________________________________________
Petrea A. Jones
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:
Kristy Chevarella
82 Giles Street
Waterbury, CT 06704
Ray Williams #203839
MacDougall Correctional Institution
1153 East Street South
Suffield, CT 06080
Police Department
City of Waterbury
c/o Kevin J. Daly,
Jr., Esq.
Assistant
Corporation Counsel
City of Waterbury
52 Holmes Avenue
Waterbury, CT 06710
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2000-362/FD/paj/02/20/2001