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 February 22, 2012
     A regular meeting of the Freedom of Information Commission was held on February 22, 2012, 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 Sherman D. London, presiding
     Commissioner Norma E. Riess (participated via speakerphone)
     Commissioner Owen P. Eagan
     Commissioner Amy J. LiVolsi
     Commissioner Jay Shaw
     Commissioner Sean K. McElligott
     Commissioner Matthew Streeter
     Also present were staff members, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, Cindy Cannata and Thomas A. Hennick.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
     The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of February 8, 2012.
Joe Burgos Vega v. Director of Religious Services, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Joe Burgos Vega participated via speakerphone. Attorney Nancy Kase O’ Brasky appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the
Hearing Officer’s Report. The proceedings were recorded digitally.
Anthony Torres v. Joan Ellis, Freedom of Information Liaison, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Joe Burgos Vega participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Robert Fromer v. Director, State of Connecticut, State Properties Review Board; and State of Connecticut, State Properties Review Board
     Robert Fromer appeared on his own behalf. Assistant Attorney General Erin O’Brien Choquette appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Edward Peruta and the American News and Information Services, Inc. v. Sergeant Seth Mancini, Esq., State of Connecticut, Department of Public Safety, Division of State Police; and State of Connecticut, Department of Public Safety, Division of State Police
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Carol Manning v. Board of Selectmen, Town of Old Saybrook; and Town of Old Saybrook
     Carol Manning appeared on her own behalf. Attorney Michael Cronin appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Carol Manning v. Board of Selectmen, Town of Old Saybrook; and Police Building Committee, Town of Old Saybrook
     Carol Manning appeared on her own behalf. Attorney Michael Cronin appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Joe Wotjas and the New London Day v. Director of Administrative Services, Town of Stonington; and Town of Stonington
     Joe Wotjas appeared on behalf of the complainants. The Commissioners unanimously voted twice to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Yvette Calo v. Director, Office of Labor Relations, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Elizabeth Colonghi v. First Selectman, Town of Westbrook; and Town of Westbrook
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Colleen Cyr v. Hector R. Gonzalez, Director, Maynard Road Corporation, Cornelius J. Ivers, President, Maynard Road Corporation, Michael V. Buccilli, Vice-President, Maynard Road Corporation, Scott T. Griffith, Treasurer, Maynard Road Corporation, Robert Cappelletti, Secretary, Maynard Road Corporation; and Maynard Road Corporation
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Kathleen K. Ross reported on the New Britain Superior Court Memorandum of Decision in Paul J. Garlasco v. Freedom of Information Commission, dated February 2, 2012.
     Mary E. Schwind reported on the Supreme Court decision in University of Connecticut v. Freedom of Information Commission, et al., officially released February 21, 2012.

     The meeting was adjourned at 4:01 p.m.

_________________
Thomas A. Hennick

*SEE ATTACHED FOR AMENDMENTS
MINREGmeeting 02222012/tah/02232012

AMENDMENTS
Joe Wotjas and the New London Day v. Director of Administrative Services, Town of Stonington; and Town of Stonington
     The Hearing Officer’s Report is amended as follows:
     13. It is therefore concluded that the respondents violated §1-214(b), G.S., by [soliciting an objection from] OFFERING  the employee and his collective bargaining unit AN OPPORTUNITY TO OBJECT, and then withholding the grievance based on those objections.
     19. The Commission is disturbed by the respondents’ [solicitation and] use of the employee’s objection as a reason to withhold the grievance, when they had no reasonable belief that disclosure would legally constitute an invasion of privacy. The Commission is similarly disturbed by the respondents’ attempt to avoid the clear mandate of Bloomfield Educ. Ass’n, above, which held that grievances are not exempt from disclosure under the appropriate statute, §1-210(b)(9), G.S.
          The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
     1. THE RESPONDENT SHALL FORTHWITH PROVIDE THE COMPLAINANT A COPY OF ANY GRIEVANCE OR GRIEVANCES RESPONSIVE TO THE COMPLAINANTS’ APRIL 21, 2011 REQUEST.
     [1.] 2. The respondent shall arrange for an educational training session to be conducted by a member of the Commission’s staff.