FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Kathryn Calibey
and Thomas G. Flood, Jr.,
Complainants,
against Docket #FIC 86-310
Commanding
Officer, Reports and Records Office, Department of Public Safety, Division of State Police,
Respondent January 28, 1987
The above-captioned matter was heard
as a contested case on December 3, 1986, at which time the complainants and the
respondent appeared, stipulated to certain facts, and presented testimony and
argument on the complaint.
After consideration of the entire
record, the following facts are found:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
The complainants requested the respondent give them a copy of the
complete accident investigation report numbered C-85-058453. This report covers a fatal motor vehicle
collision that occurred on March 5, 1985, in Stafford Springs.
3.
By letter dated October 22, 1986, the respondent denied the
complainants' request.
4.
By letter of complaint dated November 10, 1986, and filed with the
Commission on November 12, 1986, the complainants appealed from the denial of
their request.
5.
The respondent claims the report is not disclosable without a court
order under 54-76l and 54-76o, G.S.
6.
It is found that the respondent failed to prove any arrest was made or
crime charged as a result of the collision in question.
7.
It is found, therefore, that the respondent failed to prove
54-76l and 54-76o, G.S., which deal with the records of youthful
offenders, apply to the requested report.
8.
Thus it is concluded that the report is disclosable without a court
order.
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 complainants with a copy of
the report described in paragraph 2 of the findings above.
Approved by order of the Freedom of
Information Commission at its regular meeting of January 28, 1987.
ÿ
Catherine I.
Hostetter
Acting Clerk of the Commission