Final Decision FIC2014-278
In the Matter of a Complaint by
||Docket #FIC 2014-278|
Chief, Police Department,
Town of Clinton; Police
Department, Town of Clinton;
and Town of Clinton,
November 19, 2014
The above-captioned matter was heard as a contested case on August 18, 2014, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The case was consolidated for hearing with Docket #FIC 2014-043, Seth Wolfe v. Chairman, Police Commission, Town of Clinton et al.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondents are public agencies within the meaning of §1-200(1), G.S.
2. By letter of complaint filed May 8, 2014, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide copies of public records alleged to be necessary for the complainant’s lawsuit.
3. It is found that the complainant made a request to the respondent Chief on April 28, 2014 for copies of:
ALL prisoner transports conducted by officer DePietro in August of 2010. Dates must include August 8, 2010. Document must include where prisoner was transported to, the time of day and the person who signed for the prisoner. With their name clearly visible. Document must include the name of prisoner transported as well.
ALL related documents to document transport conducted by officer DePietro on August 2, 2010. Document must clearly show where officer DePietro delivered them to, who signed for them with their name clearly visible and what time they were delivered.
Timecards for officer DePietro for the entire month of August 2010
Timecards for officer Sepega for the entire month of August 2010.
Timecards for officer Lucas for the entire month of August 2010.
Timecards for officer Lawrie for the entire month of August 2010.
Minutes and topics discussed at board of police commissioners meeting conducted in January 2011, topics must include pay increases for Todd Lawrie as well as Thomas Lucas. As the commission has no direct contact number other than the Clinton police department. This will serve as their request for this information.
Original report conducted by officer Sepega on April 9, 2013 regarding Seth Wolfe. Must be original, not the version officer Sepega altered on April 10, 2013 at 10:00 a.m.
ALL emails and phone records to and by ANY member of the Clinton police department and town officials including William Fritz in regards to Seth Wolfe on April 9-10, 2013. Documents must include both to and from emails and complete email conversations.
4. It is found that the respondents on May 23, 2014 provided copies all records in their custody that were responsive to the complainant’s request.
5. Section 1-200(5), G.S., provides:
“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
6. Section 1-210(a), G.S., provides in relevant part:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.
7. Section 1-212(a), G.S., provides in relevant part: “Any person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”
8. It is concluded that the records provided to the complainant are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.
10. The complainant maintains that additional responsive records exist.
11. It is found that there is no reason to believe that additional records exist. Further, it is found that the respondents provided all records responsive to the complainant’s request.
12. It is concluded that the respondents did not violate the FOI Act as alleged.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 19, 2014.
Cynthia A. Cannata
Acting Clerk of the Commission
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:
144 East Main Street
Clinton, CT 06413
Chief, Police Department, Town of Clinton; Police
Department, Town of Clinton; and Town of Clinton
c/o John S. Bennet, Esq.
Gould, Larson, Bennet, Wells & McDonnell, P.C.
30 Plains Road
P.O. Box 959
Essex, CT 06426
Cynthia A. Cannata
Acting Clerk of the Commission