A grandmother who suspected a YMCA employee of inappropriately touching her granddaughter will not be able to view police reports investigating her complaint because they contain uncorroborated allegations – if the Freedom of Information Commission (FOIC) accepts a preliminary report at its next meeting.
On May 26, 2023 Aryah Jones, whose granddaughter attended preschool at the Waterbury YMCA, reported suspected inappropriate touching by a male teacher to the Waterbury police department.
According to the hearing officer’s report in a complaint Jones made on her granddaughter’s behalf to the FOIC, Waterbury police determined the allegations involved potential criminal conduct and opened an investigation, which involved interviewing Jones and the Waterbury YMCA’s child development director. They also referred to the complaint to Safe Haven of Greater Waterbury. The department also reportedly created an incident report.
On August 11, an attorney representing Jones submitted a Freedom of Information Act (FOIA) request from the Waterbury police department for a copy of “any police report, incident report, complaint, investigation, and any other documentation/material” regarding Jones’ granddaughter.
Waterbury police acknowledged the request on August 19. On September 15, Jones’ attorney submitted a complaint to the FOIC alleging Waterbury police had violated FOIA by not providing responsive records.
On November 28, the police responded to the request, stating that they had determined the requested records were exempt from FOIA disclosure because they contained uncorroborated allegations.
Under FOIA, records created by law enforcement agencies that contain uncorroborated allegations of criminal activity are exempt from disclosure and are to be reviewed one year after they were created and, if criminal activity cannot be corroborated within 90 days, to be destroyed.
At a hearing held on the matter, a detective in Waterbury police’s Criminal Investigations Bureau Special Victims Unit testified that while Safe Haven met with Jones’ granddaughter to conduct an evaluation, there was “no disclosure of criminal activity.” Police referred the incident to the Department of Children and Families (DCF), which neither accepted nor investigated the report. The YMCA’s director also reported the allegations to the Connecticut Office of Early Childhood, which determined the complaint was unsubstantiated.
Jones disputed the investigation’s scope and thoroughness during a hearing held on the complaint. She also disputed the complaint contained uncorroborated allegations.
But, after an in-camera review of the police report, the hearing officer ultimately ruled in the departments’ favor.
“[I]t is found that the Police Report is a record of a law enforcement agency not otherwise available to the public which records was compiled in connection with the detection or investigation of a crime.” the hearing officer’s report states.
“In addition, it is found that the allegations of the complainant’s grandmother were uncorroborated because the department determined that the complainant’s statements to Safe Haven did not disclose a criminal act.” it continues.
The report also notes that FOIA does not give the FOIC the authority to make determinations about Jones’ claims that Waterbury police did not complete a sufficient enough investigation to corroborate the allegations.
The hearing officer recommended Jones’ complaint be dismissed. The FOIC will vote on whether to accept the report at their next meeting on August 14.
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