Connecticut Freedom of Information Commission

Thank you to everyone who attended our annual Freedom of Information Conference. Missed it? Click here to watch a replay via CT-N

TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of January 23, 2013
     A regular meeting of the Freedom of Information Commission was held on January 23, 2013, 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 Norma E. Riess, presiding
     Commissioner Sherman D. London
     Commissioner Owen P. Eagan
     Commissioner Amy J. LiVolsi
     Commissioner Matthew Streeter
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Gregory F. Daniels, 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 January 9, 2013.
Kevin J. Hackett v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury of Correction; and State of Connecticut, Department of Correction  
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Richard Burgess and Connecticut Carry Inc. v. Diana Urban, Member, State of Connecticut, Connecticut General Assembly
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected*.
Richard Burgess and Connecticut Carry Inc. v. Reuben Bradford, Commisioner, State of Connecticut, Department of Emergency Services and Public Protection; Thomas Hatfield, Legal Affairs Unit, State of Connecticut, Department of Emergency Services and Public Protection; State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 Docket #FIC 2012-253
Robert Fromer v. Edwin S. Greenberg, Chairman, State of Connecticut, State Properties Review Board; Bennett Millstein, Vice-Chairman, State of Connecticut, State Properties Review Board; Bruce Josephy, Secretary, State of Connecticut, State Properties Review Board; Mark A. Norman, Pasquale A. Pepe, John P. Valengavich, as members, State of Connecticut, State Properties Review Board; and State of Connecticut, State Properties Review Board
     The commissioners postponed action on the matter.
Robert Byron v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of Forensic Science; and State of Connecticut, Department of Emergency Services and Public Protection, Division of Forensic Science
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Robert Sears v. First Selectman, Town of Stafford; and Town of Stafford
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
James Torlai 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 adopt the Hearing Officer’s Report.
James Findley v. Director, Housing Authority, Town of Mansfield; and Housing Authority, Town of Mansfield
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Eric Simonson v. Zoning Enforcement Officer, Town of Darien; and Town of Darien
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 Docket #FIC 2012-527
Charles Evans, Jr. and Roberta Clapper 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
     Charles Evans, Jr. and Roberta Clapper appeared on their own behalf. Assistant Attorney General Steven Barry appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to table the matter. The proceedings were recorded digitally.
     The meeting was adjourned at 4:25 p.m.

                                             ________________
                                             Thomas A. Hennick

*SEE ATTACHED FOR CORRECTION
MINREGmeeting 01232013/tah/01242013
CORRECTION
Richard Burgess and Connecticut Carry Inc. v. Diana Urban, Member, State of Connecticut, Connecticut General Assembly
     The Hearing Officer’s Report is corrected as follows:
     14. It is found that Attorney Scott[’s] reasonably interpreted the request, described in paragraph 2, above.
 Docket #FIC 2012-527
Charles Evans, Jr. and Roberta Clapper 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 Hearing Officer’s Report is corrected as follows:
     43.  The respondents also claim that the photographs, described in paragraph 18, above, are exempt from disclosure pursuant to §53-341c, G.S.  With regard to such claim of exemption, that provision [prohibits] MAKES IT A CRIME FOR any peace officer, firefighter, ambulance driver, emergency medical responder, emergency medical technician or paramedic who responds to a request for medical assistance and who, other than in the performance of his or her duties, knowingly (1) takes a photograph of such person without his or her consent or (2) transmits, or disseminates or otherwise makes available to a third person such image without such person’s consent.
     44.  It is found that the photographs, described in paragraph 18, above, were taken by a police investigator in the performance of his duties, specifically, his investigation of the accident.  It is further found that the respondents offered no evidence at the hearing that any photographs were taken by any [firefighters, or emergency medical personnel for any purpose.] POLICE OFFICERS OTHER THAN IN THE PERFORMANCE OF THEIR DUTIES OR THAT SUCH OFFICERS TRANSMITTED OR DISSEMINATED SUCH IMAGES TO A THIRD PERSON OTHER THAN IN THE PERFORMANCE OF THEIR DUTIES.