FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Patrick J. Craco, | |||
| Complainants | |||
| against | Docket #FIC 2002-197 | ||
|
Chief, Police Department, Town of Clinton, |
|||
| Respondents | October 9, 2002 | ||
The above-captioned matter was heard as a contested case on July 29, 2002, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint. The respondent did not appear, although the Commission’s records reflect that the notice of hearing in this matter was delivered to the respondent on July 10, 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. It is found that, by letter dated April 24, 2002, the complainant requested that the respondent provide him with a copy of the complaint served against the complainant “on or about a week ago by Officer Brian Pellegrini [hereinafter ‘the requested record’].”
3. It is found that, by letter dated April 24, 2002, the respondent informed the complainant that the prosecutor would supply the complainant with “his arrest file" through the discovery process, and suggested that the complainant or his attorney contact the prosecutor in Middletown.
4. By letter dated and filed on April 30, 2002, the complainant appealed to this Commission, alleging that the respondent violated the Freedom of Information Act by failing to provide him with a copy of the requested record.
5. 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….”
6. 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….”
7. It is concluded that, to the extent that the respondent maintains or keeps on file the requested record, it is a public record within the meaning of §1-210(a), G.S.
8. It is found that the respondent failed to prove that the requested record is exempt from mandatory disclosure.
9. It is therefore concluded that the respondent violated §§1-210(a) and 1-212(a), G.S., when he failed to promptly provide the complainant with a copy of the requested record, as alleged in the complaint.
10. The Commission notes that the respondent’s failure to appear at the hearing on this matter demonstrates a disregard for the Commission’s proceedings in this matter.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall forthwith provide the complainant with a copy of the requested record.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 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:
Patrick J. Craco
19 Hamilton Drive
Madison, CT 06443
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2002-197/FD/paj/10/15/2002