Final Decision FIC1978-92
In the Matter of a Complaint by | Report of Hearing Officer | |
David Bratter, Complainant | ||
against | Docket #FIC78-92 | |
State of Connecticut; and the Banking Department of the State of Connecticut; and the Commissioner of the Banking Department of the State of Connecticut, Respondents | August 17, 1978 |
The above captioned matter was heard as a contested case on July 18, 1978, at which time, the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.
After consideration of the entire record, the following facts are found:
1. The respondents are public agencies as defined by §l-18a(a), G.S.
2. By letter dated May 4, 1978, the complainant requested from the respondents all information relating to specific complaints brought against him, including any such complaints.
3. By letter dated May 9, 1978, the respondents denied the complainant access to all such information.
4. From such denial, the complainant brought the present appeal to the Commission, by letter filed May 16, 1978, asserting his right to such information under the Freedom of Information Act.
5. The respondents have in their files a single complaint brought against the complainant herein.
6. The respondents are law enforcement agencies.
7. The complaint in question, and all documents related thereto, have been compiled by the respondents in connection with the detection or investigation of crime.
8. Such investigation has not yet been terminated.
9. All such records will be turned over to the State's Attorney office at such time as the respondents determine that there is reasonable cause to believe a crime has been committed.
10. It is found that the requested records are exempt from disclosure under §l-l9(b)(3)(B), G.S.
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.
2. This decision is limited to the status of the records as they were found to exist at the time of this hearing. The termination of the present investigation or any subsequent law enforcement proceedings may well alter the status of such records as exempt documents under §l-l9(b), G.S. Accordingly, the complainant is advised that this decision does not limit him from asserting his rights thereto at any such time.
Approved by order of the Freedom of Information Commission on September 13, 1978.