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