Connecticut Freedom of Information Commission

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TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of May 22, 2013
     A regular meeting of the Freedom of Information Commission was held on May 22, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:07 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Amy J. LiVolsi
     Commissioner Sean K. McElligott
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler

     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Gregory F. Daniels, Valicia D. Harmon, Cindy Cannata and Thomas A. Hennick.
     Colleen M. Murphy administered the oath of office to new Commissioner Lenny T. Winkler.
     The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of May 8, 2013.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Gaylord Salters v. Chief, Police Department, City of New Haven; Police Department, City of New Haven; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Gaylord Salters participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Gaylord Salters v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Gaylord Salters participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
Robert Salatto v. Chief, Police Department, Town of East Haven; and Police Department, Town of East Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Robert Cushman v. Co-Ed Softball League, Town of Simsbury; and Town of Simsbury
     Robert Cushman appeared on his own behalf. Attorney Robert DeCrescenzo appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Steven Ballok v. Director of Finance, Town of Monroe; and Town of Monroe
     Steven Ballok appeared on his own behalf. The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended and corrected.*
Guy R. Sullivan v. Chairman, State of Connecticut, Connecticut Council on Developmental Disabilities; and State of Connecticut, Connecticut Council on Developmental Disabilities
     Guy Sullivan appeared on his own behalf. Assistant Attorney General Emily Melendez appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Guy Sullivan v. Anita Tremarche and Frank Reed, Transition Committee, State of Connecticut, Council on Developmental Disabilities; and Transition Committee, State of Connecticut, Council on Developmental Disabilities
     Guy Sullivan appeared on his own behalf. Assistant Attorney General Emily Melendez appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
David Godbout v. Resident State Trooper, State of Connecticut, Department of Public Safety; State of Connecticut, Department of Public Safety; and Police Department, Town of East Lyme
     David Godbout appeared on his own behalf.  Attorney Mark Zamarka appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Lynelle Jones v. Office of the Tax Assessor, City of Norwalk; and City of Norwalk
     Lynelle Jones appeared on her own behalf. Attorney Diane Beltz-Jacobson appeared on behalf  of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report twice.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
     The Commissioners unanimously voted to reject a motion to reconsider the Final Decision in Lamberto Lucarelli v. Ethics Commission, Town of Old Saybrook; and Town of Old Saybrook, Docket #FIC 2012-552.
     The Commissioners unnaimously rejected an April 25, 2013 request from Wayne Cooke to permanently add to the official record in Wayne Cooke v. Moderator, Representative Town Meeting, Town of Branford, Docket #FIC 2012-523, and in addition, to amend the Commission’s “hearing instructions”.
          Victor R. Perpetua reported on pending appeals.
          Colleen M. Murphy reported on legislation.

               The meeting was adjourned at 4:32 p.m.
________________
Thomas A. Hennick
MINREGmeeting 05222013/tah/05232013
AMENDMENTS AND CORRECTIONS
Gaylord Salters v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Hearing Officer’s Report is amended as follows:
     14.  The Commission declines to impose a civil penalty[, in part because the complainant did not request its imposition].  The respondents should be aware, however, that the Commission considers the respondents’ violation to be without reasonable grounds in this instance and urges the respondents to provide better FOI training to substitute liaisons, if possible.
Steven Ballok v. Director of Finance, Town of Monroe; and Town of Monroe
     The order in the Hearing Officer’s Report is amended and corrected as follows:
     3. The order in the Hearing Officer’s Report is amended as follows: Henceforth the respondents shall strictly comply with the inspection and promptness requirements of §1-210(a), G.S. Specifically, the respondents shall not require any individual to submit a request to inspect public records in writing, nor require that any request to inspect or copy public records [by] BE made to the First Selectman. Any such failure to comply with the inspection provisions of the FOI Act in the future, including not just the respondent Finance Director but also the Town of Monroe, may be viewed by the Commission as grounds for the imposition of a civil penalty.
     4. FORTHWITH, THE RESPONDENTS, OR THEIR DESIGNEE, SHALL ARRANGE FOR AN FOI ACT TRAINING SESSION TO BE CONDUCTED BY THE STAFF OF THE FOI COMMISSION. THE RESPONDENTS, OR THEIR DESIGNEE, SHALL FORTHWITH CONTACT THE FOI COMMISSION TO SCHEDULE SUCH TRAINING SESSION.
Lynelle Jones v. Office of the Tax Assessor, City of Norwalk; and City of Norwalk
     The order in the Hearing Officer’s Report is amended as follows:
     4. However, in the event that the respondents no longer maintain the appraisal, OR DOCUMENTS AND PHOTOGRAPHS RELATED TO THE APPRAISAL, described in paragraph 2.b of the findings, they shall forthwith communicate with Sheehy Associates LLC and arrange to obtain a copy of the appraisal, OR DOCUMENTS AND PHOTOGRAPHS RELATED TO THE APPRAISAL, which copy shall be provided to the complainant free of charge.