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 August 28, 2013
     A regular meeting of the Freedom of Information Commission was held on August 28, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:14 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Amy J. LiVolsi
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Lenny T. Winkler
     Commissioner Ryan P. Barry
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
     Colleen M. Murphy administered the oath of office to new Commissioner Ryan P. Barry.
     The Commissioners voted, 6-0, to adopt the minutes of the Commission’s regular meeting of August 14, 2013. Commissioner Barry abstained.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
David Godbout v. Chief, Police Department, Town of West Hartford; Police Department, Town of West Hartford; 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.
David Godbout v. Board of Assessment Appeals, Town of East Lyme; and Town of East Lyme
     David Godbout appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 Docket #FIC 2012-627
David Godbout v. Parking Authority, City of Hartford; and City of Hartford
     David Godbout appeared on his own behalf. Attorney Demar Osbourne appeared on behalf of the complainant. The Commissioners unanimously voted to table the matter pending the submission of briefs within seven days. The proceedings were recorded digitally.
Robert Milne v. Assessor, Town of West Hartford; and Town of West Hartford
     Robert Milne appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Kevin Rennie v. Executive Director, State of Connecticut, Office of Legislative Management; and State of Connecticut, Office of Legislative Management
     Attorney Steven Seligman appeared on behalf of the complainant. Attorney Michael McGoldrick appeared on behalf of the respondents. The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Shaw did not participate in the matter. Commissioner Barry recused himself from the matter. The proceedings were recorded digitally.
 Docket #FIC 2012-727
James Torlai v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and Department of Emergency Services and Public Protection, Division of State Police
     James Torlai appeared on his own behalf. Assistant Attorney General Terrence O’Neill appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report.* The Commissioners voted, 6-0, to remand the  matter to the Hearing Officer. Commissioner Shaw did not participate in the matter. The proceedings were recorded digitally.
Lee Rowley v. Director, Vital Statistics, City of New Haven; and City of New Haven
     Lee Rowley appeared on his own behalf. Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report. Commissioner Shaw did not participate in the matter.
Bruce Douglas and the Capitol Region Education Council v. Gena Glickman, President, Manchester Community College; and Manchester Community College
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Wayne Meyers and AFSCME Council 4 (AFL-CIO) v. Director of Human Resouces, City of Norwich; and City of Norwich
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Richard J. Clow, Jr. v. First Selectman, Town of Enfield; and Town of Enfield
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Luis Fernandez v. Executive Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; and State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
James Brady v. Director of Public Safety, Groton Long Point Association; and Groton Long Point Association
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

     The Commissioners voted, 6-0, to deny a Petition for Declaratory Ruling, dated July 23, 2013 from Laszlo L. Pinter, Deputy Corporation Counsel, City of Danbury. Commissioner Shaw did not participate in the matter.
     Lisa F. Siegel reported on City Attorney of the City of Bridgeport et al. v. Thomas White and Freedom of Information Commission, CV-12-6018591-S, Superior Court, Judicial District of New Britain. The Commissioners voted, 6-0, to authorize Attorney Siegel to seek a remand of the matter to the commission. Commissioner Shaw did not participate in the matter.
     Clifton A. Leonhardt reported on the New Britain Superior Court Memorandum of Decision in Planning and Zoning Commission of the Town of Monroe, et al. v. Freedom of Information Commission, et al.  The Commissioners voted, 6-0, to authorize an appeal of the court decision. Commissioner Shaw did not participate in the matter.
     Colleen M. Murphy reported that meetings of the legislative task force on access to records are continuing.

     The meeting was adjourned at 4:37 p.m.

________________
Thomas A. Hennick
MINREGmeeting 08282013/tah/08292013
AMENDMENT
 Docket #FIC 2012-727
James Torlai v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and Department of Emergency Services and Public Protection, Division of State Police
          The Hearing Officer’s Report is amended as follows:
     10.  At the hearing in this matter, a witness for the respondents testified, and it is found, that the video recording equipment used in state police cars is “moved in and out of” those vehicles.  It is further found that the respondents did not know, when they conducted a search for records responsive to the request, described in paragraph 2, above, which device was located in Trooper [Hatfield] LACHANCE’s vehicle during 2011.  Thus, although the respondents provided one record purportedly responsive to the request described in paragraph 2(a), above, it is found that the respondents did not know whether such repair record corresponded to the recording device that was in Trooper LaChance’s vehicle during 2011, and therefore whether, in fact, the record provided to the complainant was responsive to the request.  In addition, it is found that, as of the date of the hearing in this matter, the respondents had not yet conducted a search for records responsive to the request, described in paragraph 2(d), above.  It is also found that, for all of the foregoing reasons, the respondents did not, as of the date of the hearing, know the serial number of the recording device at issue, and therefore could not provide records containing such number to the complainant, responsive to the request described in paragraph 2(c), above.