State Police attempt to destroy public records pertaining to illegal collection of fees

Attorney Rachel M. Baird is representing American News in a Freedom of Information (FOI) complaint against the State Police Bureau of Identification (SPBI).  The complaint alleges that former SPBI Office Supervisor Cynthia Powell attempted to destroy certain documents pertaining to an ongoing investigation into the illegal collection of $50.00 fees imposed on pistol permit applicants for state criminal history records checks.

Since October 2009, local issuing authorities in Connecticut have required applicants for pistol permits to pay a $50.00 fee for state criminal history records checks.  But Connecticut General Statutes § 29-11(c) waives the fees for state criminal history records checks when a state criminal history records check is requested by a federal, state, or local municipality.  Therefore, applicants are forced to pay a fee for a service that local authorities are legally entitled to receive for free.

The addition of the $50.00 fee to the pistol permit process has not been approved by the Connecticut General assembly or any other lawful authority, and thus imposes taxation without representation upon individuals applying for pistol permits in the state of Connecticut.

Since the enactment of the fee in October 2009, local authorities have unlawfully collected over half a million dollars from pistol permit applicants.  Attorney Baird has sent cease and desist letters to those authorities demanding that they stop charging the illegal fees.

American News has been investigating this issue, along with the problem of a serious backlog at the SPBI that has caused delays in the processing of pistol permit applications.  Information obtained via the Freedom of Information Act recently revealed an attempt by the state police to destroy certain documents pertaining to this investigation.  The Office Supervisor who requested the destruction of the documents has since been removed from her position.

The following is a timeline of events pertaining to the illegal collection of fees and the attempt to destroy public records that should have been obtainable under the Freedom of Information Act, with links to corroborating documents.  Though the request to destroy the documents is dated one day earlier than the FOIA request, the actual authorization of the request should have been stayed based on the pending inquiry.  In the meantime, the Department of Emergency Services and Public Protection (DESPP) attempted to justify the delay as a programming issue, when in fact the documents were awaiting authorization for disposal.

TIMELINE

October 1, 2009:  The Department of Emergency Services and Public Protection (DESPP) amends its Pistol Permit Application to require that an applicant submit a $50.00 fee to the issuing authority for the state criminal history records check.

April 30, 2010:  The Department of Public Safety formally declares that an application for a pistol permit is incomplete and will not be processed without the statutory $50.00 fee for the state criminal history record check.

February 28, 2012:  DESPP Chief of Staff Steven Spellman testifies at a Public Safety Committee Hearing about a backlog at the State Police Bureau of Identification (SPBI).  This backlog is causing prolonged delays in the processing of pistol permit applications.

March 5, 2012:  SPBI Office Supervisor Cynthia Powell requests the destruction of ­­­­public records pertaining to the investigation into the collection of improper fees.  On the authorization form, Ms. Powell certifies that the records meet retention requirements and do not “pertain to any pending case, claim, or action.”

March 6, 2012:  Under the Freedom of Information Act (FOIA), American News requests access to data regarding the process of obtaining state criminal histories from SPBI.

March 9, 2012:  Cynthia Powell requests disposal of additional “reports and criminal records” pertaining to the investigation.

March 13, 2012:  American News is informed that “it would take approximately 2 weeks to complete the programming to extract theinformation requested.”

March 23, 2012:  Destruction of documents is approved by the Connecticut State Library Office of the Public Records Administrator.

March 28, 2012:  Data is purged from computer systems.

April 2, 2012:  Complaint lodged with Freedom of Information Commission.

April 6, 2012:  Cynthia Powell is replaced as Office Supervisor of SPBI.