FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Camilla B. DiGoia and Nikolas A. Solomini,

 

                                Complainants

 

                against                   Docket #FIC 96-18

 

East Haven Democratic Registrar of Voters,

 

                                Respondent                          March 13, 1996

 

                The above-captioned matter was heard as a contested case on February 29, 1996, at which time the complainants 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.  By letter of complaint dated and filed February 20, 1996, the complainants appealed to the Commission and alleged that the respondent denied the complainants' request for copies of certain records on February 18, 1996.

 

                3.  It is found that the complainants are among a number of individuals who submitted petitions to the respondent for the purpose of being placed on the ballot in the March 5, 1996 primary for the East Haven Democratic Town Committee.

 

                4.  It is found that sometime after their petitions were accepted and their names were placed on the ballot, the complainants were informed by the respondent that she had received affidavits from several individuals alleging improprieties in the collection and witnessing of signatures on the petitions.

 

                5.  It is found that the respondent met with the complainants and other individuals on February 18, 1996 for the purpose of discussing the alleged improprieties referred to in paragraph 4, above, but when the complainants reqested copies of the subject affidavits, the respondent refused to provide them.

 

                6.  It is found that the subject affidavits are public records within the meaning of 1-18a(d), G.S.

 

Docket #FIC 96-18                                               Page 2

 

                7.  It is found that on or about February 19, 1996, the respondent referred the alleged improprieties to the East Haven Police Department; and that the matter was then referred to the State Elections Enforcement Commission.

 

                8.  It is found that although the respondent sent the original affidavits to the East Haven Police Department, she retained copies of them.

 

                9.  The respondent contends that the subject affidavits are exempt from disclosure pursuant to 1-19(b)(3)(A), G.S., which, in relevant part permits the withholding of:

 

                "(3) records of law enforcement agencies not otherwise available to the public ... if 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 whose safety would be endangered or who would be subject to threat or intimidation if their identity was made known."  (Emphasis added.)

 

                10.  It is found that the respondent is not a law enforcement agency within the meaning of 1-19(b)(3), G.S., and therefore 1-19(b)(3)(A), G.S., is inapplicable to the subject affidavits maintained by the respondent.

 

                11.  Consequently, it is concluded that the respondent violated the provisions of 1-15(a) and 1-19(a), G.S., by failing to provide the complainants with copies of the subject affidavits, promptly, upon request.

 

                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 complainants with copies of the subject affidavits, as described in paragraph 4, of the findings, above.

 

                2.  Henceforth, the respondent shall strictly comply with the requirements of 1-15(a) and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 13, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 96-18                                               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:

Camilla B. DiGoia

387 Thompson Avenue

East Haven, CT 06512

 

Nikolas A. Solimini

10 Taylor Avenue

East Haven, CT 06512

 

East Haven Democratic Registrar of Voters

250 Main Street

East Haven, CT 06512

 

                                                                              

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission