FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on August 10, 2006, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.  The respondent, however, did not appear.

 

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 on May 24, 2006, the complainant made a verbal request for a copy of the police incident report pertaining to incidents that occurred on Wardwell Street, Stamford, Connecticut, on June 2, 2004 and February 5, 2006.

 

3.      It is found that initially, the respondent denied the complainant’s request because his name was not in the incident report.

 

4.      By letter dated May 24, 2006 and filed on May 25, 2006, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information Act by failing to comply with his request.

 

5.      It is found that the respondent subsequently provided the complainant with a copy of the incident report pertaining to the incident that occurred on June 2, 2004.

 

6.      It is also found, however, that as of the date of the hearing in this matter, the respondent had not provided the complainant with a copy of the incident report pertaining to the incident that occurred on February 5, 2006, which report is the only record at issue in this matter.

 

7.      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 (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

8.      Section 1-212(a), G.S., provides in relevant that “any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.” 

 

9.      It is found that the respondent maintains the incident report of the February 5, 2006 incident and that such report is a public record within the meaning of §§1-210(a) and 1-212(a), G.S.

 

10.   It is found that the respondent failed to prove that any federal law or state statue permits the withholding of the February 5, 2006 incident report.

 

11.   It is concluded, therefore, that the respondent violated the disclosure provisions of §§1-210(a) and 1-212(a), G.S., by failing to comply with the complainant’s request for a copy of the incident report pertaining to the February 5, 2006 incident.

 

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 incident report pertaining to any and all incidents that occurred on Wardwell Street, Stamford, Connecticut, on February 5, 2006, free of charge.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 2006.

 

________________________________

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:

 

R. J. O’Brien

204 Wardwell Street

Stamford, CT 06902-5247

 

Chief, Police Department,

City of Stamford

805 Bedford Street

Stamford, CT 06901

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2006-269FD/paj/9/20/2006