Final Decision FIC1978-83
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In the Matter of a Complaint by |
FINAL DECISION | |
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Mrs. Paul Manganella and the New
England Furniture, Complainants |
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against
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Docket #FIC78-83 | |
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Town of North Branford; the Police
Department of the Town of North Branford; and the Chief of Police of the Town of North Branford, Respondents |
July 26, 1978 |
The above captioned matter was heard as a contested case on June 20, 1978, at which time the complainants and the respondents 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:
1. The respondents are public agencies as defined by §1-18a(a), G.S.
2. By letter dated April 4, 1978, the complainants requested from the respondent chief access to all records involving incidents occurring on certain property owned by the complainants.
3. Having failed to receive a reply within four business days, the complainants filed the present appeal with the Commission on April 28, 1978 asserting their right to inspect such records under §1-19, G.S.
4. The requested records are kept by the respondents and consist of some seventy file folders.
5. The respondent department consists of two persons. It will take approximately two days for the respondents to determine which portions of the requested records, if any, falls within the exemption to disclosure provided under §1-19(b)(3), G.S.
6. The complainants have a right to inspect or copy all such records, or any portions thereof, which do not specifically fall within the exemption under §1-19(b)(3), G.S., as provided by §1-19(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the complaint:
1. The respondents shall provide the complainants with access to inspect or copy all of the requested records within three weeks of this decision.
2. The respondents may delete or conceal from the complainants' view only such entries on the requested records which, in the good faith opinion of the respondents, are specifically exempt from disclosure under §1-19(b)(3), G.S.
3. Nothing herein shall be construed as limiting the complainants' rights in seeking further relief before this Commission in the case where the complainants believe that specific entries on the records are deleted and the complainants believe that such deletion is not within the limits prescribed by §1-19(b)(3), G.S.
Approved by order of the Freedom of Information Commission on July 26, 1978.