DRAFT  MINUTES

OFFICE OF GOVERNMENTAL ACCOUNTABILITY

BOARD OF FIREARMS PERMIT EXAMINERS

Thursday, June 13, 2013

1111 Country Club Rd. Middletown, CT 06457

Call to Order

Acting Chairman, Craig C. Fishbein, Esq. called the meeting to order at 12:00pm.

Chairman Fishbein called the roll call. 9 appellants were present and 2 appellants failed to appear.

The State Issuing Authority was present and 3 local Issuing Authorities were present, and one local Issuing Authority failed to appear.

Board Members Present: Chief T. William Knapp, (Ret.), Attorney Craig Fishbein, Attorney Jay Greer, Mr. M. Peter Kuck, Mr. Kenneth Tramadeo and Col. Kyle Overturf. (Col. Overturf left at 2:44pm due to work emergency)

Board Members Absent: Joseph T. Corradino, Esq.

Chairman Fishbein administered the oath to all witnesses.

Secretary T. William Knapp made a motion to move Case No. 13-046-R, Brandon Hyde to number 1 on the agenda. Kuck seconded the motion, motion carried.

Tramadeo made a motion to move Case No. 13-162-R, Peter Rhodes to number 5 on the agenda. Kuck seconded the motion, motion carried. Chief Knapp recused himself from the vote.

Hearings:

1) Case No. 13-063-R, Johwon Brown, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Glen M. Conway represented the appellant. Det. Kenneth Damato represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: Both parties agreed to issue a permit to Mr. Brown on June 27, 2013.

2) Case No. 13-317-D, Robert Harris, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Officer Caserta represented the local Issuing Authority, Chief Robert Nivakoff, Stamford Police Department.

Decision: By a majority, the Board voted to uphold the local Issuing Authority, Chief Nivakoff, Stamford Police Department, the denial of a temporary pistol permit. Fishbein and Kuck voted for the appellant. Greer, Knapp, Overturf and Tramadeo voted for the Issuing Authority.

3) Case No. 13-061-R, Robert Wasilewski, II, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant failed to appear. Sgt. Paolo D’Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Decision: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. Wasilewski’s pistol permit, by default, due to his failure to appear.

4) Case No. 13-046-R, Brandon Hyde, involving the revocation of his pistol permit to carry pistols and revolvers. Attorney Ralph D. Sherman represented the appellant. Sgt. Paolo Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection.

Agreement: Both parties agreed to issue a permit to issue a permit to Mr. Brown on June 27, 2013.

5) Case No. 13-166-R, Lester Tillman, Jr., involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. Tillman’s pistol permit.

6) Case No. 13-226-D, Luis Fraguada, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. A representative for the local Issuing Authority, Chief William L. Gagliardi, New Britain Police Department, failed to appear. 

Decision: By a unanimous decision, the Board voted to overturn the decision of the local Issuing Authority, Chief William L. Gagliardi, New Britain Police Department, by default for failure to appear, and voted for the appellant, Mr. Fraguada to be issued a temporary pistol permit.

7) Case No. 13-162-R, Peter Rhodes, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. Rhodes’s pistol permit at this time. Knapp recused himself.

8) Case No. 13-152-D, Stefen Summerlin, involving the denial of a pistol permit to carry pistols and revolvers. The appellant failed to appear. A representative for the local Issuing Authority, Chief James C. Rovella, Hartford Police Department, failed to appear. 

Motion: Tramadeo made a motion to dismiss the case due to both parties failing to appear. Overturf seconded the motion, motion carried.

9) Case No. 13-229-D, Michael Beaudry, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Capt. Fred Hall represented the local Issuing Authority, Chief Carl Sferrazza, Enfield Police Department with one witness.

Decision: By a majority, the Board voted to uphold the local Issuing Authority, Chief Sferrazza, Enfield Police Department, the denial of a temporary pistol permit. Fishbein and Kuck voted for the appellant. Greer, Knapp, and Tramadeo voted for the Issuing Authority.

10) Case No. 13-177-R, Jeffrey Staron, involving the revocation of his pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Paolo Alessandro represented the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection with one witness.

Decision: By a unanimous decision, the Board voted to uphold the decision of the State Issuing Authority, Commissioner Reuben F. Bradford, Department of Emergency Services and Public Protection, the revocation of Mr. Staron’s pistol permit at this time.

11) Case No. 13-444-D, Stephen Palumbo, involving the denial of a pistol permit to carry pistols and revolvers. The appellant appeared on his own behalf. Sgt. Stevens represented the local Issuing Authority, Town Manager Steven Werbner, Town of Tolland. 

Decision: By a unanimous decision, the Board voted to overturn the decision, by default, due to the local Issuing Authority, Sgt. Stevens, representative of Town Manager Steven Werbner, Town of Tolland, failure to provide the written statement as to why the appellant was denied, at least 10 days prior to the hearing in accordance with C.G.S. 29-32b(c). The Board voted for Mr. Palumbo to be issued a temporary pistol permit.

Secretary’s Report:

1) Approval of the May 9, 2013 Minutes: Tramadeo made a motion to approve the May 9, 2013 minutes, Knapp seconded the motion, motion carried.

Old Business:

New Business: Tramadeo made a motion that the maximum number of cases to be scheduled on each docket to be twelve. Kuck seconded the motion. After discussion it was noted that this was a matter, in accordance with the Board’s regulations, to be decided by the Board Secretary and not by a vote of the members. Kuck withdrew his second to the motion and Tramadeo withdrew his motion.  Secretary Knapp agreed to reduce the number of cases to 12 for each meeting.  It was also suggested that any cases with automatic disqualifiers be placed at the beginning of the agenda.

Adjournment: Kuck made a motion to adjourn, Tramadeo seconded the motion, motion carried.