FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Glenn M. Conway,
		Complainants
	against		Docket #FIC 2001-354
Chief, Police Department, City of New Haven,
		Respondent	July 10, 2002

 

The above-captioned matter was heard as a contested case on February 7, 2002, 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 §1-200(1), G.S.

 

2.      By letter dated July 19, 2001, the complainant made a request to the respondent for the personnel and internal investigation files of four officers employed with the respondent department. 

 

3.      By letter dated and filed on July 23, 2001, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to promptly comply with his request.

 

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.      It is found that at some time during the month of August 2001, the respondent left a message with the complainant’s assistant informing him that the requested records, with the exception of those pertaining to Lieutenant Leo Bambalicki who filed an objection to the disclosure of his personnel file, had been compiled and were available for his inspection and copying. 

 

7.      It is found that when the complainant received the message described in paragraph 6, above, he associated it with another matter and believed that the respondent had not responded to his request; however by the date of the hearing in this matter the complainant had obtained the records the respondent compiled in August.

 

8.      Consequently, the only records now at issue are those pertaining to Lieutenant Bambalicki.

 

9.      It is found that Lieutenant Bambalicki was given written notification by the respondent of the hearing in this matter, but did not attend.

 

10.  At the hearing on this matter, the complainant explained that his request for the personnel and internal affairs file does not include any information or records that may be related to Lieutenant Bambalicki’s medical history.

 

11.  Section 1-214(b), G.S. provides in relevant part that “[n]othing herein shall require an agency to withhold from disclosure the contents of personnel or medical files and similar files when it does not reasonably believe that such disclosure would legally constitute an invasion of personal privacy.”

 

12.  At the hearing on this matter, the respondent conceded that, notwithstanding Lieutenant Bambalicki’s objection, the complainant is entitled to his personnel and internal affairs files, with the exception of any records or information related to his medical history, and agreed to provide them to the complainant presumably because he no longer believed that disclosure would constitute an invasion of privacy as provided in §1-214(b), G.S.

 

13.  However, it is found that the respondent’s provision of the requested records almost five months after the complainant’s request was not prompt within the meaning of §§1-210(a) and 1-212(a), G.S.

 

14.  It is therefore concluded that the respondent violated the provisions of §§1-210(a) and 1-212(a), G.S.

 

 

 

 

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

 

1.      Henceforth, the respondent shall strictly comply with the promptness provision of §§1-210(a), and 1-212(a), G.S.

 

2.      If the respondent has not already done so, he shall forthwith provide the complainant with a copy of the requested personnel and internal affairs files of Lieutenant Bambalicki.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 2002.

 

 

_______________________________________

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:

 

Glenn M. Conway

Knight, Conway & Cerritelli, L.L.C.

7-9 Elm Street

New Haven, CT 06510

 

Chief, Police Department,

City of New Haven

c/o El Sulmann, Esq.

165 Church Street

New Haven, CT 06514

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-354/FD/paj/7/11/2002