FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Alex Wood and Journal Inquirer,
		Complainants
	against		Docket #FIC 2002-058
Chief, Police Department, Town of Manchester
		Respondent	July 10, 2002

 

The above-captioned matter was heard as a contested case on April 9, 2002, at which time the complainants appeared and presented testimony, exhibits and argument on the complaint.  The respondent failed to appear.  The Commission’s records reflect that the Notice of Hearing in this matter was delivered by certified mail to the respondent and that the “return receipt” for such Notice was returned to the Commission and filed on March 22, 2002. 

           

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 of complaint dated February 12, 2002 and filed with the Commission on February 13, 2002, the complainants appealed alleging that the respondent violated the Freedom of Information Act by denying them access to inspect and copy records concerning Jason Brewer, as more specifically described in paragraph 3, below.

 

3.  It is found that by letter dated February 8, 2002, the complainants requested that the respondent permit them to inspect, and if needed, obtain copies of the following records (hereinafter “requested records”):

 

“i) any photograph of Jason Brewer (date of birth: November 12, 1985) that is in the files of the Manchester Police Department.  Mr. Brewer was charged with assault in the first degree and other offenses in Case Number A00-13002, the investigation of an automobile accident that was reported at approximately 11:03 a.m. on December 6, 2000 in front of Imperial Drive;

 

ii) all documents generated or received by the Manchester Police Department in connection with case Number A00-13002.”

 

4.  It is found that by letter dated February 11, 2002 the respondent denied the complainants’ request indicating that the requested records pertain to an official police investigation into actions of Brewer when he was fifteen years old, and that the records constitute the investigatory file concerning the arrest of a juvenile and are exempt from disclosure pursuant to §§1-210(b)(3)(B) and 1-210(b)(3)(E), G.S.

 

5.  Section 1-210(a), G.S., provides, in relevant part:

 

Except 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 inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212.

 

6.  It is concluded that to the extent that the respondent maintains the requested records such records are public records within the meaning of §1-210(a), G.S.

 

7.  Section 1-210(b)(3), G.S., in relevant part, permits the nondisclosure of:

 

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 … (E) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes….

 

8.  It is found that the respondent failed to provide any evidence to support a claim of exemption pursuant to §§1-210(b)(3)(B) and (E), G.S.

 

9.  It is therefore found that because of the respondent's failure of proof in this case, the Commission cannot discern whether any legally cognizable interest would be compromised by disclosure of the subject records.

 

10.  Consequently, it is concluded that the respondent violated §1-210(a), G.S., when he failed to provide the complainants with access to inspect and obtain a copy of the requested records.

 

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

 

1.   Forthwith, the respondent shall permit the complainants access to inspect and to obtain a copy of the requested records.

 

 

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:

 

Alex Wood and Journal Inquirer

306 Progress Drive, PO Box 510

Manchester, CT 06045-0510

 

Chief, Police Department,

Town of Manchester

239 Middle Turnpike, East

PO Box 191

Manchester, CT 06045-0191

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-058/FD/paj/7/12/2002