FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Francis J.
Valutti,
Complainant
against Docket #FIC 86-328
Director of
Personnel of the City of Bristol,
Respondent November 12, 1987
The above-captioned matter was heard
as a contested case on December 30, 1986, at which time the complainant and the
respondent appeared, stipulated 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
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By
letter dated November 7, 1986, the complainant made a request of the respondent
for the portion of the pre-employment application of Detective Daniel Britt
which states:
"Have you ever been convicted
of a crime? If yes, describe in
full."
3. By
letter of complaint filed with the Commission on November 24, 1986, the
complainant appealed the respondent's failure to provide him with the requested
record.
4. The
respondent claims that the requested information is confidential, that release
of the information without Detective Britt's permission might lead to a
grievance or prohibited practice claim and that disclosure might constitute an
invasion of privacy and a denial of constitutional rights.
5. It
is found that neither the expectation of confidentiality nor the threat of a
grievance or other claim constitutes a valid exemption from disclosure under
the Freedom of Information Act, other state statute or federal law.
Docket #FIC
86-328 Page Two
6. It
is found that there is a legitimate public interest in the criminal records, if
any, of police officers and that disclosure of information regarding a police
officer's criminal records would not constitute an invasion of personal privacy
within the meaning of 1-19(b)(2), G.S.
7. It
is further found that 1-20b, G.S., provides that "any record of the
arrest of any person, other than a juvenile, except a record erased pursuant to
chapter 961a, shall be a public record from the time of such arrest and shall
be disclosed" pursuant to 1-15 and 1-19(a), G.S.
8. The
respondent failed to prove the applicability of chapter 961a, G.S. to the
information contained in Detective Britt's application.
9. It
is also found that the respondent failed to articulate any cognizable claim
regarding the alleged unconstitutionality of disclosure.
10. It
is concluded that the respondent violated 1-15 and 1-19(a), G.S.,
when it denied the complainant's request for a copy of the portion of Detective
Britt's pre-employment application indicating arrests and criminal
prosecutions.
The following order by the
Commission is hereby recommended on the basis of the record concerning the above-captioned
complaint.
1. The
respondent forthwith shall provide the complainant with a copy of the portion
of Detective Daniel Britt's pre-employment application having to do with
arrests and criminal prosecutions.
Approved by order of the Freedom of
Information Commission at its special meeting of November 12, 1987.
ÿ
Catherine H.
Lynch
Acting Clerk of the Commission