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 14, 2014
     A regular meeting of the Freedom of Information Commission was held on May 14, 2014, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:11 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Jonathan J. Einhorn
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Lenny T. Winkler
     Also present were staff members, Colleen M. Murphy, Victor R. Perpetua, Lisa F. Siegel, Kathleen K. Ross, Gregory F. Daniels, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of April 23, 2014.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Aaron Romano v. Commissioner, State of Connecticut, Department of Consumer Protection; and  State of Connecticut, Department of Consumer Protection
     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, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police
     James Torlai appeared on his own behalf. The Commissioners unanimously voted to correct the Hearing Officer’s Report. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected and amended.* 
 Docket #FIC 2013-466
Abraham Solomon v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health
     The matter was tabled.
Kym Martin v. Director of Health Affairs Policy Planning, State of Connecticut, Office of Health Center Administration, University of Connecticut Health Center; and State of Connecticut, Office of Health Center Administration, University of Connecticut Health Center
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Mark Dumas and the Connecticut State Police Union v. Colonel, Danny Stebbins, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Mark Dumas and the Connecticut State Police Union v. Colonel, Danny Stebbins, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Dahill Donofrio v. Assessor, Town of Stratford; and Town of Stratford
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Gus Curcio v. Assessor, Town of Stratford; and Town of Stratford
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Ken Kramer v. Commissioner, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Marlik Mourning v. Chief, Police Department, City of Waterbury; and  Police Department, City of Waterbury
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     The Commissioners unanimously voted to deny a Motion for Reconsideration dated April 14, 2014 filed by Lamberto Lucarelli in Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook, Docket #FIC 2013-278.
     The Commissioners voted, 4-0, to deny a motion for Reconsideration dated April 21, 2014 filed by Rich Saluga in Rich Saluga v. Superintendant of Schools, Brookfield Public Schools; Director of Finance, Brookfield Public Schools; and Brookfield Public Schools, Docket #FIC 2013-328.  Commissioner Hankins recused himself from the matter.

     Victor R. Perpetua reported on pending appeals.
     Paula S. Pearlman reported on legislation.
     The meeting was adjourned at 2:37 p.m.
_______________
Thomas A. Hennick
MINREGmeeting 05142014/tah/05152014
CORRECTION and AMENDMENT
James Torlai v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police
     The Hearing Officer’s Report is corrected as follows:
     12.  In addition, it is found that the respondents never provided copies of the following records, which the complainant has reason to believe exist:
a. A version of the incident report referenced in form [M] N-105, which form was sent to the Department of Motor Vehicles;
b. A supplementary incident report that may have been created on June 17, 2011;
c. Any records responsive to paragraph 6.3.k, above, regarding the results of any searches done based on the complainant’s fingerprints.
        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:
     1.  Henceforth the respondents shall strictly comply with the orders of the Commission.
     2.  The respondents shall forthwith search for the records described in paragraph 12 of the findings, above, and provide them to the complainant if such records exist. If the records do not exist, the respondents shall [forthwith] WITHIN 45 DAYS OF THE NOTICE OF FINAL DECISION IN THIS MATTER provide to the complainant an affidavit attesting to the search that was conducted for the records, together with an explanation why such records do not exist.