Superintendent of Police v. Freedom of Information Commission

609 A.2d 998, 222 Conn. 621, 20 Media L. Rep. (BNA) 1443, 1992 Conn. LEXIS 206
CourtSupreme Court of Connecticut
DecidedJune 30, 1992
Docket14410
StatusPublished
Cited by70 cases

This text of 609 A.2d 998 (Superintendent of Police v. Freedom of Information Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Superintendent of Police v. Freedom of Information Commission, 609 A.2d 998, 222 Conn. 621, 20 Media L. Rep. (BNA) 1443, 1992 Conn. LEXIS 206 (Colo. 1992).

Opinion

Callahan, J.

This is an appeal from a judgment of the Superior Court dismissing the administrative appeal of the plaintiffs, the superintendent of police for the city of Bridgeport and the Bridgeport police department (plaintiffs), from a decision of the named defendant, the Freedom of Information Commission (FOIC).1 In its decision, the FOIC had concluded that the information appearing in permits, issued by the plaintiffs, to carry pistols or revolvers in the city of Bridgeport was not exempt from disclosure pursuant to General Statutes § 1-19 (b) (2).2 The plaintiffs appealed the deci[623]*623sion of the FOIC to the Superior Court pursuant to General Statutes §§ l-21i (d) and 4-183. The trial court rendered judgment dismissing the plaintiffs’ appeal from which the plaintiffs appealed to the Appellate Court. We transferred the appeal to ourselves pursuant to Practice Book § 4023.

The factual situation that precipitated the plaintiffs’ appeal is undisputed. On October 7, 1987, a newspaper, the Fairfield County Advocate (Advocate), through an employee, Edward Ericson, requested the plaintiffs to furnish it with a list of all those residents of Bridgeport who possessed municipal permits to carry pistols or revolvers.3 Ericson specified that for each permit [624]*624holder he desired to know the individual's name, birth-date, address, telephone number, occupation, sex, date of issuance of the permit and what weapons were registered to the individual. Initially, the plaintiffs informed Ericson that the information sought would be made available, but that it was not computerized and would take some time to produce. Thereafter, Ericson telephoned the plaintiffs regularly for approximately six weeks in an effort to obtain the requested information. That information, however, was not forthcoming. Thereafter, by letter dated December 7, 1987, the Advocate appealed to the FOIC alleging the wrongful denial of the desired data and requesting an order for its production.

On January 29, 1988, Commissioner Joan Fitch of the FOIC heard the Advocate’s appeal as a contested case. At the hearing the plaintiffs volunteered to make available to the Advocate the information that was contained in the permits issued by the plaintiffs with the exception of the names and addresses of the permit holders. Fitch, however, determined that all the requested information was subject to disclosure except the permit holders’ telephone numbers, which was not information appearing in the permits. She therefore recommended in her proposed finding to the FOIC that the plaintiffs be ordered to disclose the name, address, date of birth, occupation, and sex of all municipal permit holders and also the date the permits were issued and a description of any weapon registered.

The FOIC in a final decision dated April 27, 1988, and in a corrected final decision dated May 11, 1988, [625]*625substantially adopted Fitch’s recommendations.4 The FOIC concluded that the information requested by the Advocate, which appeared in municipal permits to carry pistols or revolvers, was not exempt from disclosure as a medical, personnel or “similar” file pursuant to § 1-19 (b) (2) and that its disclosure did not constitute an invasion of personal privacy under that subsection. The FOIC, therefore, ordered that the plaintiffs disclose the information appearing in the permits.

The plaintiffs appealed the FOIC’s decision to the Superior Court. The trial court dismissed the plaintiffs’ appeal. In its memorandum of decision, the court found that the plaintiffs were aggrieved parties and were entitled to maintain the appeal. It also found that the plaintiffs’ copies of issued permits were public records that are kept on file or maintained by a public agency and that they were subject to disclosure unless they fell within the exception to disclosure set forth in § 1-19 (b) (2). Those findings are not disputed by either party. Finally, the court concluded that the plaintiffs had failed to prove that municipal permits to carry pistols or revolvers were medical, personnel or “similar” files exempt from disclosure under § 1-19 (b) (2).

The plaintiffs do not contend that a municipal permit to carry a pistol or revolver is a medical or personnel file. They argue instead that it is a “similar”5 file within the meaning of § 1-19 (b) (2) and therefore exempt from disclosure.

[626]*626In considering the plaintiffs’ argument, it must be noted initially that there is an “overarching policy” underlying the Freedom of Information Act (FOIA) favoring the disclosure of public records. Chairman v. Freedom of Information Commission, 217 Conn. 193, 196, 585 A.2d 96 (1991); Hartford v. Freedom of Information Commission, 201 Conn. 421, 431, 518 A.2d 49 (1986); Maher v. Freedom of Information Commission, 192 Conn. 310, 315, 472 A.2d 321 (1984). Our construction of the FOIA must be guided by the policy favoring disclosure and exceptions to disclosure must be narrowly construed. Ottochian v. Freedom of Information Commission, 221 Conn. 393, 398, 604 A.2d 351 (1992); Rose v. Freedom of Information Commission, 221 Conn. 217, 233, 602 A.2d 1019 (1992); Lieberman v. State Board of Labor Relations, 216 Conn. 253, 266, 579 A.2d 505 (1990); Board of Police Commissioners v. Freedom of Information Commission, 192 Conn. 183, 188, 470 A.2d 1209 (1984).

In keeping with that policy, the plaintiffs have the burden of proving that municipal permits to carry pistols or revolvers are “similar” to medical and personnel files and are therefore entitled to the exemption from disclosure proyided such files by § 1-19 (b) (2). Rose v. Freedom of Information Commission, supra, 232; Chairman v. Freedom of Information Commission, supra; Commissioner of Consumer Protection v. Freedom of Information Commission, 207 Conn. 698, 702, 542 A.2d 321 (1988). “The plaintiffs must meet a twofold burden of proof to establish the applicability of the § 1-19 (b) (2) exclusion. First, they must establish that the [permits] in question are within the categories of files protected by the exemption, that is, personnel, medical or ‘similar’ files. Second, they must show that disclosure of the records ‘would constitute an invasion of personal privacy.’ ” Hartford v. Freedom of Information Commission, supra, 431-32; Ottochian v. Free[627]*627dom of Information Commission, supra, 399-400; Chairman v.

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Bluebook (online)
609 A.2d 998, 222 Conn. 621, 20 Media L. Rep. (BNA) 1443, 1992 Conn. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/superintendent-of-police-v-freedom-of-information-commission-conn-1992.