TO:        Freedom of Information Commission

FROM:   Thomas A. Hennick

RE:        Minutes of the Commission’s regular meeting of July 12, 2017

A regular meeting of the Freedom of Information Commission was held on July 12, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:13 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Jay Shaw (participated via speakerphone)
             Commissioner Matthew Streeter                                                                    
             Commissioner Christopher P. Hankins
             Commissioner Lenny T. Winkler         
                                                                                                                                                                                                                                                                                  Also present were staff members, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.

The Commissioners voted, 4-0, to approve the Commission’s regular meeting minutes of June 28, 2017. Commissioner Shaw did not participate in this matter.

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.               
                                                    
Docket #FIC 2016-0581         Anthony Sinchak v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                         
Anthony Sinchak participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.

Docket #FIC 2016-0589         Luis Diaz v. Chief, Police Department, City of Bridgeport; Police Department, City of Bridgeport; City of Bridgeport; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                                                                          

Luis Diaz participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.

        
Docket #FIC 2016-0754         Luis Diaz v. Chief, Police Department, City of Bridgeport; Police Department, City of Bridgeport; City of Bridgeport; Commissioner, State of Connecticut, Department of Correction; and State of  Connecticut, Department of Correction

Luis Diaz participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.
        
          
Docket #FIC 2016-0655         Guy Gilmore v. Dean Esserman, Chief, Police Department, City of New Haven; Police Department, City of New Haven; City of New Haven; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

Guy Gilmore participated via speakerphone. Attorney James Neil and Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.

Docket #FIC 2016-0656         Guy Gilmore v. Michael B. Smart, City Clerk, City of New Haven; City of New Haven; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

Guy Gilmore participated via speakerphone. Attorney James Neil and Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.

                  
Docket #FIC 2016-0571         Felix Charney and Summit Saugatuck LLC v. Chairman, Planning and Zoning Commission, Town of Westport; Planning and Zoning Commission, Town of Westport; and Town of Westport

Attorney Timothy Hollister appeared on her behalf of the complainants. Attorney Ira Bloom appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.

               
Docket #FIC 2016-0643         Robert Goodrich and RACCE v. Chairman, Board of Education, Waterbury Public Schools; and Board of Education, Waterbury Public Schools

Robert Goodrich appeared on his behalf of the complainants. Attorney Kevin Daly appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally. 

      
Docket #FIC 2017-0024         Frank Ricci v. Superintendent of Schools, Wallingford Public Schools; and Wallingford Public Schools
  

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.

   
Docket #FIC 2017-0040         Ethan Fry and the Valley Independent v. Chairman, Planning and Zoning Commission, Town of Shelton; Planning and  Zoning Commission, Town of Shelton; and Town of Shelton

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.

Docket #FIC 2017-0106         Jonathan Tierney 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 voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.

  
Docket #FIC 2017-0126         David LaPointe and the Winchester Taxpayers Association v. Finance Director, Town of Winchester; Finance Department, Town of Winchester; and Town of Winchester

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.

Docket #FIC 2017-0128         Ryan Cheverie v. Commissioner, State of Connecticut, Department of Administrative Services; and State of Connecticut, Department of Administrative Services

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.

  
Docket #FIC 2017-0186         Brandon Smith and The Capitol Forum v. Attorney General, Office of the Attorney General; and Office of the Attorney General

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.

          
Docket #FIC 2017-0210         Marsha Sterling v. Town Manager, Town of Winchester; and Town of Winchester

Marsha Sterling appeared on her own behalf. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.

The Commissioners unanimously voted to affirm the Notice of Decision Not to Schedule in Edward Peruta and American News and Information Services Inc. v. Elinor Carbone, Mayor, City of Torrington; Launa Goslee, Tax Collector, City of Torrington; and City of Torrington, Docket # FIC 2016-0580.

 
Victor R. Perpetua reported on the order in New Britain Superior Court Memorandum of Decision RE:  Motion to Dismiss (#106) and Motions for Stay (#103 and # 109) in State of Connecticut Department of Insurance; Commissioner, State of Connecticut Department of Insurance v. Freedom of Information Commission, Docket No. HHB-CV-17-6036748-S, dated June 26, 2017. 
               
                 Mary E. Schwind reported on pending appeals.

                 The meeting was adjourned at 3:37 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 07122017/tah/07132017

                                                  AMENDMENT
              
Docket #FIC 2017-0210         Marsha Sterling v. Town Manager, Town of Winchester; and Town of Winchester 
                                                                           

The order in 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. The complaint is dismissed for failure to prosecute.

             [2. The complainant is admonished for her failure to appear, resulting in a waste of
scarce local and state resources.]