FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Amy E. Charney,
Complainant
against Docket
#FIC 95-156
James J. Strillacci, Chief of
Police, West Hartford Police Department,
Respondent January 24, 1996
The above-captioned matter was heard as a contested
case on November 21, 1995, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint.
Subsequent to the hearing on this matter, the
respondent filed a written "Request to reopen hearing, to designate the
Chief State's Attorney as a party to the appeal, and to permit the
participation of Marjorie Dodd," which request is hereby denied. Section 4-177a, G.S.
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. By letter
dated March 21, 1995, the complainant requested of the respondent a copy of
police report number 94058306 concerning a motor vehicle accident which
occurred on December 14, 1994.
3. By letter
dated May 5, 1995, the respondent denied the complainant's request.
4. By letter
dated May 10, 1995 and filed on May 11, 1995, the complainant appealed to the
Commission alleging that the respondent violated the Freedom of Information
("FOI") Act by denying her a copy of the requested record.
5. It is
found that the requested accident report is a public record within the meaning
of to 1-18a(d), G.S.
Docket #FIC 95-156 Page
2
6. The
respondent claims that the requested accident report is exempt from disclosure
under Gifford v. FOIC, 227 Conn. 641 (1993), and 1-20b and 1-19b(b),
G.S.
7. The
complainant claims that the requested accident report is not exempt under the
FOI Act and is also disclosable under 7-282, G.S.
8. It is
found that the complainant has initiated a wrongful death suit against the
subject of the requested accident report.
9. Section
1-19b(b), G.S., provides in relevant part:
Nothing in sections 1-15, 1-18a, 1-19 to 1-19b,
inclusive, and 1-21 to 1-21k, inclusive, shall be deemed in any manner to . . .
limit the rights of litigants, including parties to administrative proceedings,
under the laws of discovery of this state. . . .(emphasis added)
10. The
Commission takes administrative notice that 1-19b(b), G.S. was amended as
a result of the Gifford decision changing the word "affect" to
"limit" and, therefore, its provisions are not relevant to this
matter.
11. It is
further found that the record at issue in this matter is an accident report,
not an arrest record as was the record in Gifford.
12. In any
event, Section 1-20b, G.S., which was also enacted as a result of the Gifford
decision, provides in relevant part:
(a)
Notwithstanding any provision of the general statutes to the contrary,
and except as otherwise provided in this section, any record of the arrest of
any person . . . except a record erased pursuant to Chapter 961a, shall be a
public record from the time of such arrest and shall be disclosed in accordance
with the provisions of section 1-15 and subsection (a) of section 1-19, except
that disclosure of data or information other than that set forth in subdivision
(1) of subsection (b) of this section shall be subject to the provisions of
subdivision (3) of subsection (b) of section 1-19. . . .
Docket #FIC 95-156 Page
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(b) For the
purposes of this section, "record of the arrest" means (1) the name
and address of the person arrested, the date, time and place of the arrest and
the offense for which the person was arrested, and (2) at least one of the
following, designated by the law enforcement agency: the arrest report, incident report, news release or other similar
report of the arrest of a person.
13. Therefore
1-20b, G.S., at a minimum, requires the disclosure of the requested
report, except with respect to any matter exempt under 1-19(b)(3), G.S.
14. Section
1-19(b)(3), G.S., provides:
(b)
Nothing in sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to
1-21k, inclusive, shall be construed to require disclosure of . . . (3) records of law enforcement agencies not
otherwise available to the public which records were compiled in connection
with the detection or investigation of crime, if the disclosure of said records
would not be in the public interest because it would result in the disclosure
of (A) the identity of informants not otherwise known or the identity of witnesses
not otherwise known whose safety would be endangered or who would be subject to
threat or intimidation if their identity was made known, (B) signed statements
of witnesses, (C) information to be used in a prospective law enforcement
action if prejudicial to such action, (D) investigatory techniques not
otherwise known to the general public, (E) arrest records of a juvenile, which
shall also include any investigatory files, concerning the arrest of such
juvenile, compiled for law enforcement purposes, (F) the name and address of
the victim of a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a,
53a-72b or 53a-73a, or injury or risk of injury, or impairing of morals under
section 53-21, or of an attempt thereof or (G) uncorroborated allegations
subject to destruction pursuant to section 1-20c. . . .
15. It is
found that the respondent failed to prove that the requested accident report
contains any information exempt from disclosure under 1-19(b)(3),
G.S.
16. The
respondent also claims that disclosure of the requested accident report would
violate the erasure statutes, specifically 54-56e and 54-142a, G.S.,
dealing with accelerated rehabilitation.
Docket #FIC 95-156 Page
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17. It is
found that the subject of the requested accident report was arrested and
granted accelerated rehabilitation, with her period of probation expiring in
January of 1997.
18. It is
found that the requested accident report will be subject to erasure upon the
expiration of a successfully completed period of accelerated rehabilitation.
19. It is
further found that, until the period of accelerated rehabilitation expires,
there is no statutory provision for the nondisclosure of the requested accident
report. Indeed, even the Statutory
Requirements Regarding Maintenance and Dissemination of Criminal Records in
Connecticut, published by the Office of the Chief State's Attorney,
acknowledges that there is no such exemption.
See Section IV, A 1., p. 32 (appended hereto).
20. It is
therefore found that the requested accident report is not exempt from
disclosure under 1-19(b), 1-19b(b) or 1-20b, G.S.
21.
Consequently, it is concluded that the respondent violated
1-19(a) and 1-15(a), G.S., by failing to provide the complainant with
a copy of the requested accident report.
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 a copy of the requested
accident report, as more fully described in paragraph 2 of the findings, above.
2. The
respondent's arguments regarding the applicability of the erasure statutes
demonstrates a lack of understanding of the fundamental public policy of this
state which mandates public disclosure of all public records unless
specifically exempt by federal law or state statute. See 1-19(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of January 24, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-156 Page
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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:
Amy E. Charney
c/o Douglas W. Hammond, Esq.
RisCassi & Davis, P.C.
131 Oak Street
P.o. Box 260550
Hartford, CT 06126-0550
James J. Strillacci, Chief of
Police, West Hartford Police Department
c/o Beth Critton, Esq.
Assistant Corporation Counsel
Town of West Hartford
50 South Main Street
West Hartford, CT 06107
Elizabeth A. Leifert
Acting Clerk of the
Commission