Connecticut Freedom of Information Commission

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TO: Freedom of Information Commission
FROM: Cynthia A. Cannata
RE: Minutes of the Commission’s regular meeting of  June 22, 2016
DATE: June 24, 2016
     A regular meeting of the Freedom of Information Commission was held on June 22, 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 Ryan P. Barry
     Commissioner Michael Daley
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Lenny T. Winkler
    Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Lisa F. Siegel, and Cynthia Cannata.
     The Commission voted unanimously to approve the minutes of the Commission’s regular meeting of June 8, 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.
James Mitchell v. 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.
Thomas Tanner v. Michael Maniago, Chief, Police Department, City of Torrington; Police Department, City of Torrington; and City of Torrington,
     Thomas Tanner participated via speakerphone.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally.
Timothy Townsend v. 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
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Brian Haberly v. Superintendent of Schools, Fairfield Public Schools; and Fairfield Public Schools
    The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Sally Roberts v. Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Gregory Slate v. First Selectman, Town of Westport and Town of Westport
     The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Louise Czar v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, State Police Division; and State of Connecticut, Department of Emergency Services and Public Protection, State Police Division
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Louise Czar 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 Commissioners unanimously voted to approve the Hearing Officer’s Report.
Robert Dahlstrom and UPSEU Local 911 v. Board of Finance, Town of Old Saybrook; and Town of Old Saybrook
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
 Docket #FIC 2015-790
Ed Schwing v. Chairman, Park and Recreation Commission, Town of Haddam; and Park and Recreation Commission, Town of Haddam
     Ed Schwing appeared on his own behalf.  Attorney Richard D. Carella appeared on behalf of the respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally.
     Colleen M. Murphy informed commissioners that no action would be needed in the following matters, as all had been withdrawn the previous day:  David Godbout v. James Tracy, Office of Legislative Management, State of Connecticut General Assembly; and Office of Legislative Management, State of Connecticut General Assembly, Docket # FIC 2015-437; David Godbout v. Robert Duff, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate, Docket # FIC 2015-438; David Godbout v. Christopher Calabrese, Clerk; Thomas Spinella, Clerk; Kathy Salemi, Clerk; Marilyn Giuliano, Member, State of Connecticut House of Representatives, State of Connecticut, General Assembly; and State of Connecticut, General Assembly, Docket # FIC 2015-463; David Godbout v. Andrea Stillman, Member, State of Connecticut, Connecticut State Senate, Docket # FIC 2015-506.  The proceedings were recorded digitally.
     The Commissioners unanimously voted to affirm the Decision Not to Schedule in:  Michael Nowacki v. Superintendent of Schools, New Canaan Public Schools; Chairman, Board of Education, New Canaan Public Schools; and New Canaan Public Schools, Docket # FIC 2015-471; Michael Nowacki v. Superintendent of Schools, New Canaan Public Schools; Chairman, Board of Education, New Canaan Public Schools; Board of Education, New Canaan Public Schools; and New Canaan Public Schools, Docket # FIC 2015-556.  The proceedings were recorded digitally.
     Victor R. Perpetua and Lisa Siegel reported on pending appeals.
     Colleen M. Murphy reported that she is still working on the separation of the FOIC from the Office of Governmental Accountability, making provisions to ensure the Commission has Human Resources, IT, business office, and payroll services.
     The meeting was adjourned at 2:48 p.m.

     ______________________
     Cynthia A. Cannata
     MINREGmeeting 06222016/cac/06242016
AMENDMENTS
Gregory Slate v. First Selectman, Town of Westport and Town of Westport
     The Hearing Officer’s Report is amended as follows:
     14.  However, it is found that the complainant requested the Lease Extension Letter in its original native electronic format because he is actually seeking the metadata contained within that record, which metadata would not be visible to the complainant if such record was reduced to printed form.  Therefore, it is found that the respondents in this instance are required EITHER to provide the Lease Extension Letter in its original native electronic format (the format requested by the complainant), OR TO PROVIDE THE METADATA ON PAPER OR ANY ELECTRONIC STORAGE DEVICE OR MEDIUM, to the extent that such metadata is not subject to any exemption.  [To find otherwise would render the complainant’s records request for such metadata meaningless.]

     Paragraph 1 of the order is amended as follows:
     1. Forthwith, the respondents shall provide the complainant with a copy of IC-2015-
734-1 in its original native electronic format OR PROVIDE THE METADATA ON PAPER OR ANY ELECTRONIC STORAGE DEVICE OR MEDIUM, AS DESCRIBED IN PARAGRAH 14 OF THE FINDINGS, ABOVE.