TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of July 26, 2017
A regular meeting of the Freedom of Information Commission was held on July 26, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:17 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Matthew Streeter
Commissioner Jonathan J. Einhorn
Commissioner Christopher P. Hankins
Commissioner Lenny T. Winkler
Also present were staff members, Colleen M. Murphy, 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.
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Matthew Streeter
Commissioner Jonathan J. Einhorn
Commissioner Christopher P. Hankins
Commissioner Lenny T. Winkler
Also present were staff members, Colleen M. Murphy, 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, 5-0, to approve the Commission’s regular meeting minutes of July 12, 2017. Commissioner Einhorn 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 2016-0583 Omar Walker v. Commissioner, State of Connecticut,Department of Public Health; State of Connecticut, Department of Public Health; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
Docket #FIC 2016-0583 Omar Walker v. Commissioner, State of Connecticut,Department of Public Health; State of Connecticut, Department of Public Health; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
Docket #FIC 2016-0596 James Raynor v. Chief, Police Department, City of Hartford;Police Department, City of Hartford; and City of Hartford
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
Docket #FIC 2016-0611 Marcos Gonzalez v. Commissioner, State of Connecticut,Department of Correction; and State of Connecticut, Department of Correction
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
Docket #FIC 2016-0629 Tyrone Rosa v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles
Docket #FIC 2016-0611 Marcos Gonzalez v. Commissioner, State of Connecticut,Department of Correction; and State of Connecticut, Department of Correction
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
Docket #FIC 2016-0629 Tyrone Rosa v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles
Tyrone Rosa participated via speakerphone. Attorney Leland Moore appeared on behalf of the respondents. The Commissioner unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally.
Docket #FIC 2016-0630 Tyrone Rosa v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
Tyrone Rosa participated via speakerphone. Attorney James Neil appeared on behalf of the respondent Department of Correction. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2016-0593 Kevin Dailey v. Norman Cole, Land Use Bureau, City of Stamford; Thomas Mills, as member, Zoning Board, City of Stamford; William Morris, as member, Zoning Board, City of Stamford; David Stein, as member, Zoning Board, City of Stamford; Joanna Gwozdziowski, as member, Zoning Board, City of Stamford; Roseanne McManus, as member, Zoning Board, City of Stamford; Zoning Board, City of Stamford; and City of Stamford
Kevin Daily appeared on his own behalf. Attorney Burt Rosenberg appeared on behalf of the respondents. Attorney Amy Souchens appeared on behalf of the intervenor, Strand/BLC Group LLC. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally.
Docket #FIC 2016-0623 Tamara Lanier v. Director, Legal Services, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch
The Commissioners voted, 5-0, to amend the Hearing Officer’s Report. The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally. Commissioner Einhorn did not participate in this matter.
Docket #FIC 2016-0648 Eric Handel v. Commissioner, State of Connecticut, Department of Motor Vehicles; and State of Connecticut, Department of Motor Vehicles
Docket #FIC 2016-0648 Eric Handel 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.
Docket #FIC 2016-0677 Emergency Medicine Physicians of Fairfield County, LLC and Emergency Medicine Physicians of New London County, LLC 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.
Docket #FIC 2016-0727 Ray Rossomando and the Connecticut Education Association v. Principal, Amistad Elementary School; and Amistad Elementary School
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0728 Ray Rossomando and the Connecticut Education Association v. Principal, Amistad Academy High School; and Amistad Academy High School
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0729 Ray Rossomando and the Connecticut Education Association v. Principal, Amistad Academy Middle School; and Amistad Academy Middle School
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2017-0219 Nicole Dorman v. Chairman, Board of Education, Glastonbury Public Schools; Superintendent of Schools, Glastonbury Public Schools; and Glastonbury Public Schools
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy reported on the recent CCFOI luncheon and awards ceremony.
Colleen M. Murphy introduced FOI summer intern Kate Vella and visitor Alex Pearlman.
The meeting was adjourned at 3:44 p.m.
______________
Thomas A. Hennick
MINREGmeeting 07262017/tah/07272017
Thomas A. Hennick
MINREGmeeting 07262017/tah/07272017
* See Attached for Amendments
AMENDMENTS
Docket #FIC 2016-0629 Tyrone Rosa v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles
The Hearing Officer’s Report is amended as follows:
[12. It is found that the complainant took the appropriate steps to deliver his July 27th request, by depositing it in the equivalent of a mailbox, and that the respondents are therefore deemed to have received it.]
[13.] 12. It is found that, prior to the hearing in this matter, the respondents provided the complainant with all records responsive to the complainant’s July 27th and November 14th requests.
[14.] 13. It is concluded, therefore, that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S., as alleged by the complainant.
Docket #FIC 2016-0593 Kevin Dailey v. Norman Cole, Land Use Bureau, City of Stamford; Thomas Mills, as member, Zoning Board, City of Stamford; William Morris, as member, Zoning Board, City of Stamford; David Stein, as member, Zoning Board, City of Stamford; Joanna Gwozdziowski, as member, Zoning Board, City of Stamford; Roseanne McManus, as member, Zoning Board, City of Stamford; Zoning Board, City of Stamford; and City of Stamford
The Hearing Officer’s Report is amended as follows:
32. It is found that the applications for the boatyard were complex, and that the materials that
needed to be reviewed were voluminous and that the issues that had to be addressed were extensive.
It is found that, therefore, separate meetings were scheduled to discuss and deliberate upon the seven
applications. Upon the recommendation of Mr. Cole, the Board addressed each application in order
of the least complex to the most complex, and that the first application was addressed at the July 25,
2016 regular meeting. It is found that the only difference between prior application processes and the
process for the applications for the boatyard was that it appeared to the complainant, and allegedly
many others in the audience, that the Board was discussing conditions without having first discussed
whether this particular boatyard proposal, on its face, sufficiently met the needs of the community
and was a good idea. It is found, however, that the chairman had determined that it was better to
discuss the conditions first and then discuss the sufficiency of the proposed boatyard. IT IS
FURTHER FOUND THAT THE CHAIRMAN REVIEWED HIS DETERMINATION WITH
THE OTHER BOARD MEMBERS AT THE JULY 7, 2016 MEETING OF THE BOARD AND
THE BOARD MEMBERS CONCURRED WITH HIS DETERMINATION TO PROCEED IN
SUCH MANNER.
needed to be reviewed were voluminous and that the issues that had to be addressed were extensive.
It is found that, therefore, separate meetings were scheduled to discuss and deliberate upon the seven
applications. Upon the recommendation of Mr. Cole, the Board addressed each application in order
of the least complex to the most complex, and that the first application was addressed at the July 25,
2016 regular meeting. It is found that the only difference between prior application processes and the
process for the applications for the boatyard was that it appeared to the complainant, and allegedly
many others in the audience, that the Board was discussing conditions without having first discussed
whether this particular boatyard proposal, on its face, sufficiently met the needs of the community
and was a good idea. It is found, however, that the chairman had determined that it was better to
discuss the conditions first and then discuss the sufficiency of the proposed boatyard. IT IS
FURTHER FOUND THAT THE CHAIRMAN REVIEWED HIS DETERMINATION WITH
THE OTHER BOARD MEMBERS AT THE JULY 7, 2016 MEETING OF THE BOARD AND
THE BOARD MEMBERS CONCURRED WITH HIS DETERMINATION TO PROCEED IN
SUCH MANNER.
Docket #FIC 2016-0623 Tamara Lanier v. Director, Legal Services, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch
The Hearing Officer’s Report is amended as follows:
9. Section 1-210(a), G.S., provides in relevant part that:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours . . . . OR (3) RECEIVE A COPY SUCH RECORDS IN ACCORDANCE WITH SECTION 1-212.