Connecticut Freedom of Information Commission

Thank you to everyone who made our annual FOI Conference a success. Missed the program? Click here to watch the CT-N broadcast

TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of June 26, 2013
     A regular meeting of the Freedom of Information Commission was held on June 26, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Amy J. LiVolsi
     Commissioner Matthew Streeter
     Commissioner Jay Shaw
     Commissioner Christopher P. Hankins
     Commissioner Lenny T. Winkler

     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Gregory F. Daniels, Kathleen K. Ross, Lisa F. Siegel, Paula S. Pearlman, Cindy Cannata and Thomas A. Hennick.
     The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of June 12, 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.
Angel Llera v. Joseph Gaudett, Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
David Godbout v. Gayle Weinstein, First Selectman, Town of Weston; Town of Weston; Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     David Godbout appeared on his own behalf. Attorney Patricia Sullivan 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.*
Nancy Burton v. Daniel Esty, Commissioner, State of Connecticut, Department of Energy and Environmental Protection; and State of Connecticut, Department of Energy and Environmental Protection
     Nancy Burton appeared on her own behalf. Attorney Kenneth Collette appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Priscilla Dickman v. Commissioner, State of Connecticut, Department of Administrative Services; and State of Connecticut, Department of Administrative Services, Communications Office
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Priscilla Dickman v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General
     Priscilla Dickman appeared on his own behalf. Assistant Attorney General Lawrence Lidel appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Priscilla Dickman v. Director, State of Connecticut, Health Affairs Policy Planning, Department of Community Medicine and Health Care, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
James Torlai v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Gary Dinowitz v. Special Assistant, Office of Special Assistant to the President, State of Connecticut, Central Connecticut State University; and State of Connecticut, Central Connecticut State University
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Gary Dinowitz v. Labor Relations and Employment Officer, State of Connecticut, Office of Labor Relations, Southern Connecticut State University; and State of Connecticut, Southern Connecticut State University
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Gary Dinowitz v. Director, State of Connecticut, Office of Audit, Compliance and Ethics, University of Connecticut; and State of Connecticut, Office of Audit, Compliance and Ethics, University of Connecticut
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Eileen Moore v. James Rovella, Chief, Police Department, City of Hartford; and Police Department, City of Hartford
     The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Eagan recused himself from the matter.
Jeff Johnson and the New London Day v. Mayor, Town of Montville; and Town of Montville
     Jennifer Mullin appeared on behalf of the complainants. Attorney Eileen Duggan and Attorney Ryan Jaziri appeared on behalf of the respondents. The Commissioners unanimously  voted to adopt the Hearing Officer’s Report.
     The Commissioners unanimously voted to deny a Motion for Reconsideration dated June 6, 2013 filed by Brian L. McCann, Esq.  in Lynelle Jones v. Office of the Tax Assessor, City  of Norwalk; and City of Norwalk, Docket #FIC 2012-543.

     Gregory F. Daniels reported on the New Britain Superior Court Memorandum of Decision in Bradshaw Smith v. Freedom of Information Commission, et al. dated June 7, 2013.
     Colleen M. Murphy and Victor R. Perpetua reported on pending appeals.
     Colleen M. Murphy reported that Commissioners Streeter and Einhorn had been reappointed for another two-year term.
     Colleen M. Murphy and Paula S. Pearlman reported on legislation.
     The Commissioners unanimously voted to add to the agenda consideration of a request from the complainant in #FIC 2012-481 for emergency action overturning a pre-hearing ruling by the hearing officer in the matter. The Commissioners voted, 5-0, to deny all requests contained in the appeal for emergency action. Commissioner LiVolsi recused herself from the matter. The matter was recorded digitally.
          The meeting was adjourned at 3:40 p.m.

          ________________
          Thomas A. Hennick
MINREGmeeting 06262013/tah/06272013
AMENDMENT
David Godbout v. Gayle Weinstein, First Selectman, Town of Weston; Town of Weston; Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
          The Hearing Officer’s Report is amended as follows:
          The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
     26.  Based on the foregoing, it is concluded that the [respondent First Selectman] RESPONDENTS did not violate the FOI Act as alleged by the complainant and that his request for a civil penalty will not be considered.