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
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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