FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Richard
Spatafore,
Complainant,
against Docket #FIC 86-284
Ansonia Police
Commission and Chief, Ansonia Police Department,
Respondents January 14, 1987
The above-captioned matter was heard
as a contested case on November 4, 1986, at which time the complainant and the
respondent chief appeared, stipulated as to certain facts, and presented
testimony, exhibits and argument on the complaint.
After consideration of the entire
record the following facts are found:
1.
The respondents are public agencies within the meaning of 1-18a(a),
G.S.
2.
On October 2, 1986, the complainant requested a copy of certain audio
tape recordings of the respondent commission's July 24, 1986, and October 2,
1986, public hearings.
3.
The respondent chief denied the complainant's request.
4.
The complainant appealed to the Commission by letter dated October 6,
1986, and filed with the Commission October 8, 1986.
5.
The respondent chief claims that he made the recordings for his personal
use, that they are not the official record of the respondent commission's
public hearings, and that they are not public records.
6.
It is found that the recordings were made by the respondent chief using
his own tapes and the Ansonia Police Department's tape recorder.
7.
It is found
that these recordings are not the respondent commission's official record of
the public hearings.
Docket #FIC
86-284
Page Two
8.
It is found, nonetheless, that the respondent chief made the recordings
for potential use in his capacity as chief of the Ansonia Police Department.
9.
It is also found that the recordings are recorded information relating
to the conduct of the public's business, prepared and retained by a public
agency, within the meaning of 1-18a(d), G.S.
10.
It is concluded, therefore, that the respondent chief violated
1-15 and 1-19(a), G.S., by not providing the complainant with a copy
of the recordings in question.
The following
order by the Commission is hereby recommended on the basis of the record
concerning the above-captioned complaint:
1.
The respondent chief shall forthwith provide the complainant with a copy
of the audio tape recordings of the respondent commission's July 24, 1986, and
October 2, 1986, public hearings.
Approved by order of the Freedom of
Information Commission at its regular meeting of January 14, 1987
ÿ
Catherine I. Hostetter
Acting Clerk of the Commission