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 January 14, 2015
     A regular meeting of the Freedom of Information Commission was held on January 14, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:09 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler
     Commissioner Ryan P. Barry
     Commissioner Francis J. Brady
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Kathleen K. Ross, Tracie C. Brown, Lisa F. Siegel, Paula S. Pearlman, Virginia Brown, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of December 17, 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.
Randall Saunders v. Mayor, City of Danbury; and City of Danbury
     Randall Saunders participated via speakerphone.  The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Jose Cosme v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
John Hollis and David Samuels v. Commissioner, State of Connecticut, Department of Mental Health and Adddiction Services; and State of Connecticut, Department of Mental Health and Addiction Services
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
John Hollis and David Samuels v. Commissioner, State of Connecticut, Department of Mental Health and Addiction Services; and State of Connecticut, Department of Mental Health and Addiction Services
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Fernando Lage v. Director, Department of Parks, Recreation and Trees, City of New Haven; Department of Parks, Recreation and Trees, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Steven Ballok v. John Salvatore, Chief, Police Department, Town of Monroe; Police Department, Town of Monroe; and Town of Monroe
     Steven Ballok appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Seth Wolfe v. Director, Finance Department, Town of Clinton; Finance Department, Town of Clinton; and Town of Clinton
     Seth Wolfe appeared on his own behalf. Attorney John Bennett appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Seth Wolfe v. First Selectman, Town of Clinton; and Town of Clinton
     Seth Wolfe appeared on his own behalf. Attorney John Bennett appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Seth Wolfe v. Chief, Police Department, Town of Clinton; Police Department, Town of Clinton; and Town of Clinton
     Seth Wolfe appeared on his own behalf. Attorney John Bennett appeared on behalf of  the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Bill Davidson v. Philip Kurtz, Chairman, Board of Finance, Town of Brookfield; Ernie Nepomuceno, Robert Gianazza, Robin Appleby, Steve O'Reilly and Jeffrey Rossi as members, Board of Finance, Town of Brookfield; Board of Finance, Town of Brookfield; and Town of Brookfield
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Richard Saluga v. Chairman, Board of Assessment Appeals, Town of Brookfield; Board of Assessment Appeals, Town of Brookfield; and Town of Brookfield
     Richard Saluga appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Rich Saluga v. Chairman, Board of Assessment Appeals, Town of Brookfield; Board of Assessment Appeals, Town of Brookfield; and Town of Brookfield
     Richard Saluga appeared on his own behalf. The Commissioners unanimously voted to   adopt the Hearing Officer’s Report.
George Winter v. Commissioner, State of Connecticut, Department of Motor Vehicles; and State of Connecticut, Department of Motor Vehicles
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Colleen M. Murphy informed the Commissioners that no action would be necessary in the following matters: David Godbout v. State of Connecticut, General Assembly, Appropriations Transportation Subcommittee, Docket # FIC 2014-104; David Godbout v. Senator Joan Hartley, Senator Robert Kane, Members, State of Connecticut, State Senate; Representative Jeffrey Berger, Representative Larry Butler, Representative Craig Miner, Representative Sean Williams, Representative Arthur O'Neill, Representative Rosa Rebimbas, Representative Anthony D'Amelio, Representative Selim Noujaim, Representative John Piscopo, Representative David Labriola, Representative Lezlye Zupkus, Representative Victor Cuevas, Members, State of Connecticut, House of Representatives, Docket # FIC 2014-107;  David Godbout v. State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-120. Consideration of Notice of Decision Not to Schedule in David Godbout v. State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-121;  David Godbout v. Brendan Sharkey, Joe Aresimowicz,  Stephen Dargan, Bob Godfrey, Gerald Fox, III, Andrew Fleischmann, as Members, State of Connecticut, Connecticut House of Representatives, Docket # FIC 2014-134;  David Godbout v. State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-150. Attorney Murphy informed the Commissioners that the complainant had withdrawn all six complaints earlier in the day. The proceedings were recorded digitally.
     Colleen M. Murphy reported on the New Britain Superior Court Memorandum of Decision in People for the Ethical Treatment of Animals, Inc. v. Freedom of Information Commission dated December 18, 2014.
     Colleen M. Murphy reported on the Commission’s proposed legislative package for 2015.  The Commissioners unanimously voted to endorse a proposal to increase all FOI commissioners’ terms to four years.  The Commissioners voted, 6-0, to endorse a proposal to amend Section 1-215 pertaining to access to arrest records. Commissioner Barry abstained. The Commissioners voted, 6-0, to endorse a proposal to amend Section 1-153f to make arbitration panels public agencies. Commissioner Hankins abstained.
     Victor R. Perpetua reported on pending appeals.
     Colleen M. Murphy reported that the commission had been given permission to fill a vacant paralegal position.
     Paula S. Pearlman reported on legislation.
     The meeting was adjourned at 3:55 p.m.
______________
Thomas A. Hennick
MINREGmeeting 01142015/tah/01152015
AMENDMENT
Randall Saunders v. Mayor, City of Danbury; and City of Danbury

     The order in the Hearing Officer’s Report is amended as follows:
     1. If the complainant wishes for the respondents to arrange for a copy of the original 911 tape to be made by an outside copying service, he shall, within SEVEN [90] DAYS OF THE ISSUANCE OF THE FINAL DECISION IN THIS MATTER, [tender prepayment in the amount of $3,000.000 to the respondents] SO NOTIFY THE RESPONDENTS. THE RESPONDENTS SHALL THEN FORTHWITH OBTAIN A WRITTEN ESTIMATE FOR ALL COSTS ASSOCIATED WITH COPYING THE TAPE, INCLUDING COSTS OF CERTIFYING TO THE ACCURACY OF THE COPY, AND FORWARD SUCH ESTIMATE TO THE COMPLAINANT. Upon receipt of payment, the respondents shall arrange for a certified copy to be made by an outside copying service. The respondents may additionally collect from the complainant any additional costs they necessarily incur in producing a copy, such as the costs of delivery and costs of maintaining the chain of custody. Upon collection of all such costs from the complainant, the respondents shall forthwith deliver the certified copy to him.