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 April 27, 2016
     A regular meeting of the Freedom of Information Commission was held on April 27, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m. with the following Commissioners present: 
                         
     Commissioner Owen P. Eagan, presiding
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Jonathan J. Einhorn
     Commissioner Matthew Streeter                                                                    
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler
     Commissioner Ryan P. Barry          
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Lisa F. Siegel, Valicia D. Harmon, 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 April 13, 2016.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Troy Williams v. Scott Semple, Commissioner, State of Connecticut, Department of Correction; and State of  Connecticut, Department of Correction
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Ira Alston v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Ira Alston participated via speakerphone. Attorney James Neil appeared on behalf of
the respondents. The Commissioners unanimously voted to correct the Hearing Officer’s
Report.  The Commissioners unanimously voted to approve the Hearing Officer’s Report as
corrected.* The proceedings were recorded digitally.
Ira Alston v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
    Ira Alston participated via speakerphone. Attorney James Neil appeared on behalf of the
respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report.
The proceedings were recorded digitally.
Robert Cushman v. Chief, Police Department, Town of Montville; and Police Department, Town of Montville
     Attorney Michael Carey appeared on behalf of the respondents. The Commissioners
unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded
digitally.
Bettina Drew v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     Bettina Drew 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.
Bradshaw Smith v. Randall Graff, Chairman, Capital Improvements Committee, Town of Windsor; and Capital Improvements  Committee, Town of Windsor
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Michael Aronow v. Freedom of Information Officer, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
John Spatola v. Superintendent of Schools, New Milford Public Schools; and New Milford Public Schools
     Attorney Peter Bowman appeared on behalf of the complainant. Attorney Zachary Schurin appeared on behalf of the respondents. Attorney Adrienne DeLucca appeared on behalf of the intervenors in the matter. 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.
Cherlyn Poindexter and the New Haven Management and Professional Union v. Toni Harp, Mayor, City of New Haven; Marcus Paca, Labor Relations, City of New Haven; Matthew Nemerson, Economic Development Director, City of New Haven; Juan Scott, Chair, Commission on Equal Opportunity; City of New Haven; Chair, Commission on Equal Opportunity, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Cherlyn Poindexter and the New Haven Management and Professional Union v. Toni Harp, Mayor, City of New Haven; Matthew Nemerson, New Haven Commission on Equal Opportunities, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Patricia Cofrancesco v. Chief, Police Department, Town of Monroe; Police Department, Town of Monroe and Town of Monroe
     Attorney John Fracassini appeared on behalf of the respondents. 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 Commissioners voted unanimously to authorize staff to file an appeal of the New Britain
Superior Court Memorandum of Decision in Commissioner, Department of Emergency Services and Public Protection, et al., Freedom of Information Commission, et al., Docket No. HHB CV15-6029797S, Dated April 8, 2016.          
     Colleen M. Murphy and Victor R. Perpetua reported on pending appeals.
     Colleen M. Murphy reported that the annual Freedom of Information Conference held April 22 at the Riverhouse in Haddam had been a success with 150 in attendance.
     Colleen M. Murphy reported on legislation.
         
     The meeting was adjourned at 4:12 p.m.

______________                             
Thomas A. Hennick
MINREGmeeting 04272016/tah/04282016
AMENDMENTS
Ira Alston v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Hearing Officer’s Report is corrected as follows:
     9.  It is found that the respondents provided the disciplinary report log described in ¶[7] 8b,   above, but initially denied the complainant a copy of the monthly disciplinary summaries described in ¶[7] 8a, above.
Bettina Drew v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Service and Public Protection
     The Hearing Officer’s Report is amended as follows:
     14. On March 23, [2015] 2016, the respondents submitted the records at issue to the Commission for an in camera inspection (the “in camera records”).  The in camera records, which will be referred to as IC-2015-318-1 through IC-2015-318-1055, are fairly described as various investigation records, compiled by the respondents in the years following the disappearance of the complainant’s father.
     61. SECTION §14-10(C), G.S. PROVIDES THAT:
[A]NY PERSON RECEIVING PERSONAL INFORMATION OR HIGHLY RESTRICTED PERSONAL INFORMATION FROM A MOTOR VEHICLE RECORD PURSUANT TO SUBSECTION (F) OF THIS SECTION SHALL BE ENTITLED TO USE SUCH INFORMATION FOR ANY OF THE PURPOSES SET FORTH IN SAID SUBSECTION FOR WHICH SUCH INFORMATION MAY BE DISCLOSED BY THE COMMISSIONER. NO SUCH PERSON MAY RESELL OR REDISCLOSE THE INFORMATION FOR ANY PURPOSE THAT IS NOT SET FORTH IN SUBSECTION (F) OF THIS SECTION OF REASONABLY RELATED TO SUCH PURPOSE.
     Paragraph 61 becomes 62, 62 becomes 63 through paragraph 73.
      [71.] 72. Based upon the evidence contained in the respondents’ affidavit, it is found that portions of the records identified in paragraph [63] 64, above, contain information that has been erased, within the meaning of §54-142c, G.S.
     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
     1.  The respondents shall forthwith provide the complainant with a copy of the 158 records referred to in paragraph 16, of the findings, above, free of charge.  In complying with this order, the respondents may withhold the records identified in paragraph [22] 20, of the findings, above.  The respondents may also, consistent with this Commission’s precedent, redacted from these records social security numbers and personal bank account and routing numbers. 
John Spatola v. Superintendent of Schools, New Milford Public Schools; and New Milford Public Schools
     The Hearing Officer’s Report is amended as follows:
     31. It is concluded that §10-10a, G.S., authorizes the SDE to collect both student and teacher data, but shields only certain student information in the system database from disclosure as a public record under the FOI Act.  SECTION 10-10A, G.S., DOES NOT SIMILARLY PROVIDE THAT TEACHER INFORMATION SHALL NOT BE CONSIDERED A PUBLIC RECORD.
     42. It is found that the requested records are not records of TEACHER performance and evaluation within the meaning of §10-151c, G.S.
Patricia Cofrancesco v. Chief, Police Department, Town of Monroe; Police Department, Town of Monroe and Town of  Monroe 
     The Hearing Officer’s Report is amended as follows:
     The following orders by the Commission are hereby recommended on the basis of the record concerning the above-captioned complaint:

     1. Forthwith, the respondents shall provide the complainant with a copy of IC-2015-
545-01, IC-2015-545-02 and IC-2015-545-03. BASED UPON THE AGREEMENT OF THE PARTIES AS REPRESENTED BY COUNSEL FOR THE RESPONDENTS AT THE MEETING WHICH THIS MATTER WAS CONSIDERED BY THE COMMISSION, THE RESPONDENTS MAY REDACT THE ADDRESSES AND PHONE NUMBERS OF THE POLICE OFFICERS REFERENCED IN THE RECORDS.