FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Rick Smolicz and Connecticut Independent Police Union Local #2,
		Complainants
	against		Docket #FIC 2001-545
Chief, Police Department, Borough of Naugatuck; and Police Commission, Borough of Naugatuck,
		Respondents	October 23, 2002

 

The above-captioned matter was heard as a contested case on January 30, 2002, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The above captioned case was consolidated with Docket #FIC 2001-496, James Cegielski, Rick Smolicz, John Hutt and Connecticut Independent Police Union Local #2 v. Chief, Police Department, Borough of Naugatuck; and Police Commission, Borough of Naugatuck.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1.      The respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.      It is found that on or about November 28, 2001, the complainant Smolicz made a request to the town clerk for a copy of the Naugatuck police department’s rules and regulations and policies and procedure manuals (hereinafter “the manuals”) and was informed that they were not on file in the town clerk’s office.

 

3.      It is found that on or about November 28, 2001, the complainant Smolicz went to the town clerk’s office and requested a copy of the minutes of the respondent commission’s September 25, 2001 meeting, which he believed should have included certain documents that he presented to the commission at that meeting (hereinafter “the documents”).

 

4.      It is found that the complainant was informed that only the minutes were maintained at the clerk’s office and any additional documents would be maintained at the police department in the office of the chief’s secretary.

 

5.      It is found that the complainant attempted to get a copy of the additional documents from the chief’s secretary on November 29, 2001 between the hours of 2 p.m. and 5:15 p.m., but was not able to because she was out of the office for the afternoon.

 

6.      By letter dated December 10, 2001 and filed on December 12, 2001, the complainants appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to maintain:

 

a.       records on file at the town clerk’s office; and

 

b.      records in an accessible place and available for inspection during regular office or business hours. 

 

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

 

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 receive a copy of such records in accordance with the provisions of section 1-212 . . .

 

and

 

. . . Each [public] . . . agency shall keep and maintain all public records in its custody at its regular office or place of business in an accessible place and, if there is no such office or place of business, the public records pertaining to such agency shall be kept in the office of the clerk of the political subdivision in which such public agency is located . . .

 

8.      It is found that the requested records are public records within the meaning of §1-210(a), G.S.

 

9.      At the hearing on this matter, the complainant contended that he believed that a copy of the manuals had previously been on file at the town clerk’s office and that he should have been able to obtain a copy of them at the time of his request.  The complainant also contended that he believed that a copy of any documents presented to the respondent commission during one of its meetings should be attached to the minutes of that meeting and available at the town clerk’s office.  The complainant further contended that records maintained in the office of the chief’s secretary aren’t always accessible to the public during regular office or business hours because she is often not there.

 

10.  It is found that there is no evidence to establish that any location but the Naugatuck Police Department is the respondents’ “regular office or place of business”, within the meaning of §1-210(a), G.S., or that it has no office or place of business, in which event, its “public records” are to be kept “in an accessible place” at the Naugatuck town clerk’s office.

 

11.  It is concluded that for purposes of the general public gaining access to the respondents “public records”, which includes the manuals and the documents, the Naugatuck Police Department is the “regular office or place of business” of the respondents, and therefore the manuals and the documents should be available at the Naugatuck Police Department and are not required to be kept at the town clerk’s office.

 

12.  It is also concluded that the respondent commission did not violate the FOI Act by keeping the documents in the office of the chief’s secretary.  However, to the extent that such documents cannot be accessed “promptly” within the meaning of §1-210(a), G.S., then such inaccessibility violates the FOI Act. 

 

 

On the basis of the record concerning the above-captioned complaint, no order is recommended by the Commission.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 23, 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:

 

Connecticut Independent Police Union Local #2

c/o Rick Smolicz

33 Wilkenda Avenue

Waterbury, CT 06708

 

Rick Smolicz

c/o E. Stephen Briggs, Esq.

2 Hickory Hill Way

West Granby, CT 06090-1503

 

Chief, Police Department, Borough

of Naugatuck; and Police Commission,

Borough of Naugatuck

c/o William J. Ward, Esq.

Ouellette, Deganis, Gallagher & Ward, LLC

143 Main Street

Cheshire, CT 06410

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-545/FD/paj/10/24/2002