FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Joseph Belliveau

 

                                Complainant

 

                against                   Docket #FIC 94-139

 

Vernon Police Department

 

                                Respondent                          February 8, 1994

 

                The above-captioned matter was heard as a contested case on December 1, 1994, 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 by letter dated March 29, 1994 the complainant requested from the respondent access to copies of certain photographs taken by the respondent during its investigation into the death of the complainant's son (hereinafter "requested records").

 

                3.  It is found that by letter dated April 4, 1994 the respondent provided the complainant with a portion of the requested records but denied the complainant's request with respect to the photographs of Christopher Stevenson.

 

                4.  It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                5.  It is found that the requested records at issue are of Stevenson in the nude, taken by the respondent with Stevenson's consent during the respondent's investigation, referred to in paragraph 2, above.

 

                6.  It is found that following the State's Attorney's Office determination that the death, referred to in paragraph 2, above, was non-criminal the case was closed by the respondent.

 

                7.  At the hearing in this matter, the respondent contended that the photographs at issue are exempt from disclosure on the bases of privacy and the exemption at 1-19(b)(3), G.S.

 

Docket #FIC 94-139                                             Page 2

 

                8.  It is concluded that the respondent failed to prove that the requested photographs are exempt from disclosure pursuant to the provisions of the FOI Act.

 

                9.  However, under the specific circumstances of this case, the Commission in its discretion declines to order the disclosure of the nude photographs without the express consent of the subject Stevenson.

 

                10.  It is therefore concluded that the respondent did not violate the complainant's rights when it failed to provide him with copies of the nude photographs without Stevenson's express consent.

 

                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 complainant with copies of the requested photographs upon first obtaining a notarized authorization from Stevenson, or such other proof that would indicate that Stevenson had signed the authorization.

 

                2.  The respondent shall immediately take the appropriate steps to contact Stevenson and to comply with paragraph 1 of the order.

 

                3.  The Commission sympathizes with the complainant's position and notes that paragraph 1 of the order takes into consideration the complainant's testimony that Stevenson did not object to the release of the photographs.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 8, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-139                                             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:

JOSEPH BELLIVEAU

c/o Kerry A. Tarpey, Esq.

Schwebel, Burke, Hall

130 Union Street

P.O. Box 757

Rockville, CT 06066-0757

 

VERNON POLICE DEPARTMENT

c/o Kevin F. Rennie, Esq.

1708 Ellington Road

South Windsor, CT 06074

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission