FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on June 4, 2008, at which

time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this matter was consolidated with Docket #FIC2008-120; Nyron Dumas v. Chief, Police Department, City of West Haven; and Police Department, City of West Haven.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

           

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, by letter dated December 11, 2007, the complainant requested

several categories of records from the respondents, including witness statements relating to case number 99-3848.   It is further found that, in such letter, the complainant asked that the respondents provide the requested records within twenty days.  It is also found that the complainant mailed such letter to the wrong address, but that the respondents eventually received it.  

 

3.  By letter dated December 20, 2007, and filed on January 7, 2008, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information [FOI] Act by denying him copies of the records described in paragraph 2, above.  At the hearing in this matter, the complainant testified that he had received many requested records from the respondent and that the only outstanding issue is the fact that the respondents are withholding the witness statements specified in paragraph 2, above. 

 

4.       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 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

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

 

[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.

 

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 witness statements are public records within the meaning of §§1-200(5), 1-210(a) and 1-212(a), G.S.

 

8.  After the hearing in this matter, the respondents submitted copies of the requested witness statements to the Commission for in camera inspection.  Such copies shall be referenced as IC-2008-010-1 through IC-2008-010-14.    

 

9.   The respondents contend that all of the in camera records are exempt by virtue of §1-210(b)(3)(E), G.S.

 

10.  Section 1-210(b)(3)(E), G.S., permits the nondisclosure 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 … (E) arrest records of a juvenile, which shall also include any investigatory files, concerning the arrest of such juvenile, compiled for law enforcement purposes…

11.  It is found that the respondent police department is a law enforcement agency within the meaning of §1-210(b)(3), G.S., and that the respondents compiled the witness statements in connection with the investigation of a crime, within the meaning of such provision. 

 

12.  Upon careful examination of IC-2008-010-1 through IC-2008-010-14, it is further found that such records constitute portions of the investigatory file compiled for law enforcement purposes concerning the arrest of a juvenile, within the meaning of §1-210(b)(3)(E),G.S.   

 

13.  Accordingly, it is concluded that §1-210(b)(3)(E), G.S., operates to exempt such records from mandatory disclosure, and that the respondents did not violate the FOI Act by denying the complainant copies thereof.

 

14.  By letter dated September 27, 2008, the complainant requested the imposition of a civil penalty against the respondents for allegedly filing the in camera submission late.  The Commission declines to consider the imposition of a civil penalty 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 complaint is hereby dismissed.     

 

 

 

            Approved by Order of the Freedom of Information Commission at its regular meeting of November 12, 2008.

 

 

____________________________

S. Wilson

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:

 

Nyron Dumas

MacDougall-Walker C I

1153 East Street, South

Suffield, CT 06080

 

Chief, Police Department,

City of West Haven; and Police

Department, City of West Haven

c/o Henry C. Szadkowski, Esq.

West Haven Corporation Counsel

355 West Main Street

West Haven, CT 06516

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-010FD/sw/11/20/2008