FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Sal Salafia, | |||
| Complainant | |||
| against | Docket #FIC 2005-578 | ||
|
Chief, Police Department, City of Middletown, |
|||
| Respondent | November 8, 2006 | ||
The above-captioned matter was heard as a contested case on May 19, 2006, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The respondent submitted the requested records, as described in paragraph 11 of the findings, below, for an in camera inspection.
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 filed November 30, 2005, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying his request for a copy of a public record concerning the investigation of uncorroborated allegations against him.
3. It is found that, on or about November 4, 2005, the complainant requested a copy of report number 30258, concerning the investigation of allegations made against him by his child and her mother.
4. It is found that the respondent denied the complainant’s request.
5. Section 1-200(5), G.S., provides:
“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
6. 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 (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.
7. It is found that the requested records are public records within the meaning of §§1-200(5) and 1-210(a), G.S.
8. The respondent, although sympathetic to the complainant’s request, contends that the records are exempt from disclosure pursuant to §1-210(b)(3)(G), G.S., which provides that disclosure is not required 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 … (G) uncorroborated allegations subject to destruction pursuant to section 1-216 ….
9. In turn, §1-216, G.S., provides:
Except for records the retention of which is otherwise controlled by law or regulation, records of law enforcement agencies consisting of uncorroborated allegations that an individual has engaged in criminal activity shall be reviewed by the law enforcement agency one year after the creation of such records. If the existence of the alleged criminal activity cannot be corroborated within ninety days of the commencement of such review, the law enforcement agency shall destroy such records.
10. It is found that the respondent, after a thorough investigation of criminal allegations made against the complainant, determined on November 7, 2005 that the allegations were unsubstantiated and uncorroborated.
11. It is found that the requested records are records of a law enforcement agency that were compiled in connection with the detection or investigation of crime, and that the records contain uncorroborated allegations subject to destruction pursuant to §1-216, G.S.
12. It is concluded that the requested records are permissibly exempt from disclosure pursuant to §1-210(b)(3)(G), G.S.
13. The complainant contends, in essence, that the respondent waived the provisions of §1-210(b)(3)(G), G.S., by disclosing a portion of the requested records to a third-party. Specifically, the complainant contends that a picture drawn by his daughter and contained in the requested records was transmitted to a therapist.
14. However, it is found that no such picture is contained in the requested records.
15. It is concluded that the respondent did not waive §1-210(b)(3)(G), G.S., and did not violate the provisions of §1-210(a), G.S., by failing to provide the complainant with access to the requested records.
16. The Commission also concludes, however, based on the facts of this case, that withholding the requested records from the complainant, although permissible, does not achieve a just result, and that no public interest is served by withholding the records from the complainant.
17. At the hearing, the respondent indicated his sympathy with the complainant’s position, but his belief was that he was precluded from disclosing the records to the complainant. The Commission observes that the provisions of §1-210(b)(3)(G), G.S., are permissive, not mandatory, and that the respondent, although not compelled to do so, is permitted by §1-210(b)(3)(G), G.S., to disclose the requested records to 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 dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 8, 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:
Chief, Police Department,
City of Middletown
c/o Adrienne R. DeLucca, Esq.
Deputy City Attorney
PO Box 1300
245 DeKoven Drive
Middletown, CT 06457
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2005-578FD/paj/11/9/2006