FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Henry Starkel,

 

                        Complainant

 

            against              Docket #FIC 90-368

 

Chief of Police, Granby Police Department,

 

                        Respondent                  June 26, 1991

 

            The above-captioned matter was consolidated with contested case docket #FIC 90-424 Brooke Pielli and the Farmington Herald v. Chief of Police, Granby Police Department.  It was heard as a contested case on January 28, 1991, 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 and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.         It is found that on September 20, 1990 the complainant requested in writing a copy of all tape recorded radio and telephonic communications relative to an incident at Granby High School on the evening of September 12, 1990.

 

            3.         It is found that the respondent denied the request on September 22, 1990.

 

            4.         On September 26, 1990 the complainant filed his complaint with this Commission.

 

            5.         It is found that the respondent has preserved the requested records.

 

            6.         It is found that the respondent claims the requested tape recording is exempt pursuant to 1-19(b)(3) and 54-142a, G.S.

 

            7.         It is found that the charges that had been filed against some students relative to the incident at Granby High School on September 12, 1990 were dismissed on October 9, 1990.

 

Docket #FIC 90-368                                    Page 2

 

            8.         It is found that the requested tape recordings disclose some of the circumstances surrounding the incident which led to certain arrests.

 

            9.         It is concluded that the requested records are now erased pursuant to the erasure statute, 54-142a, G.S., that requires erasure of all police records pertaining to charges which are dismissed.

 

            10.       It is concluded under the facts of this case that   the the respondent failed to prove that the requested records were exempt pursuant to 1-19(b)(3), G.S., at the time of the complainant's request; however, the subsequent erasure of the records pursuant to 54-142a, G.S., has the effect of making the records unavailable to the public.

 

            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 June 26, 1991.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 90-368                                    Page 3

 

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:

HENRY STARKEL

9 Fawn Drive

Granby, CT 06035

 

CHIEF OF POLICE, GRANBY POLICE DEPARTMENT

c/o Donald R. Holtman, Esq.

Katz & Seligman

130 Washington Street

Hartford, CT 06106

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission