FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Gary T. Montford,

 

Complainants

 

 

against

Docket #FIC 2001-554

Chief, Willimantic PD,

Town of Windham,

 

 

Respondent

March 13, 2002

 

 

 

 

The above-captioned matter was heard as a contested case on January 31, 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 November 15, 2001, the complainant made a request to the respondent for copies of “all reports and documents that are possessed by the Town of Windham that pertain to [his] hospitalization on April 29 through April 30, 2001, and were authored by employees or agents of the Town of Windham.”

 

3.      It is found that by letter dated November 21, 2001, the respondent, through his attorney, informed the complainant that no such report exists nor has one ever existed.

 

4.      By letter dated December 10, 2001 and filed on December 17, 2001, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by failing to comply with his request.

 

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.  Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void.

 

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 found that the requested records, to the extent that such records exist, are public records within the meaning of §1-210(a), G.S.

 

8.      It is found that the complainant has been on medical leave since March 2001 from his employment with the Willimantic Police Department (hereinafter “Willimantic PD”).

 

9.      It is found that on or about April 29, 2001 at around 11:00 p.m. the complainant was taken to the emergency department of Lawrence Memorial Hospital in New London by officers of the Waterford Police Department (hereinafter “Waterford PD”) on a report that he was depressed and suicidal. 

 

10.  It is found that at or about the time referred to in paragraph, 9 above, officers of the Waterford PD searched the complainant’s home and removed his personal firearms and three personal badges.

 

11.  It is found that at or about the time referred to in paragraph 9, above, an officer of the Waterford PD telephoned the Willimantic PD and informed a Sergeant Wackerman of the complainant’s hospitalization.

 

12.  It is found that shortly after the complainant was admitted to the hospital and placed in a treatment room, he was visited by Sergeant Wackerman and a Sergeant Evans from the Willimantic PD.

 

13.  It is found that after visiting the complainant in the hospital, Sergeants Wackerman and Evans immediately went to the Waterford PD to learn of the details surrounding the complainant’s admittance to the hospital and attempted to retrieve the complainant’s personal firearms and badges. 

 

14.  It is found that Sergeant Wackerman was only able to retrieve the complainant’s badges, which he took to the Willimantic PD and placed in the office of the department’s captain.

 

15.  It is found that upon the complainant’s discharge from the hospital, he obtained his firearms from the Waterford PD and his badges from the Willimantic PD. 

 

16.  It is found that in conjunction with obtaining his personal property from the Willimantic PD, the complainant requested, on three separate occasions, copies of all reports and documents pertaining to his hospitalization on April 29th and 30th of 2001. 

 

17.  It is found that pursuant to the complainant’s second request dated July 21, 2001, he received one document, which was a police report from the Waterford PD.

 

18.  It is found that pursuant to the complainant’s third request dated August 1, 2001, he was given access to inspect his file pertaining to his medical leave at the Willimantic PD.

 

19.  It is found that the complainant found no records responsive to his request  in his file and was informed by the captain that she neither requested nor received a written report or any other records from Sergeants Wackerman or Evans regarding his hospitalization of April 29th and 30th of  2001. 

 

20.  It is found that pursuant to certain Willimantic PD rules and regulations officers “must report all crimes and suicides and their attempts and important happenings and other information of concern to the department, that come to their attention, regardless of whether the incident occurred in the city or not.” 

 

21.  At the hearing on this matter the complainant claimed that pursuant to the department’s rules and regulations, Sergeants Wackerman and Evans should have provided a report to the Chief or Captain of the department regarding their activities on the night of April 29, 2001 with respect to the complainant’s hospitalization, including their visit with him at the hospital, their visit to the Waterford PD and Sergeant Wackerman’s possession of his badges.

 

22.  It is found that Sergeant Wackerman provided an oral, rather than a written, report to the captain of the Willimantic PD regarding his activities on the night of April 29, 2001 with respect to the complainant’s hospitalization.

 

23.  It is found that Sergeant Evans did not submit a written report to the department’s captain or chief regarding his activities on the night of April 29, 2001 with respect to the complainant’s hospitalization.

 

24.  It is found therefore that the respondent does not maintain any records responsive to the complainant’s request and that the respondent is not required under the FOI Act to create such records for the complainant.

 

25.  It is concluded that the respondent did not violate the disclosure provisions of §1-210(a), G.S., as alleged by the complainant.

 


 

 

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 March 13, 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:

 

Gary T. Montford

PO Box 1201

Norwich, CT 06360

 

Chief, Willimantic Police Department,

Town of Windham

c/o Henry J. Zaccardi, Esq.

Shipman & Goodwin, LLP

One American Row

Hartford, CT 06103

 

 

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-554/FD/paj/3/15/2002