| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of June 11, 2014 |
A regular meeting of the Freedom of Information Commission was held on June 11, 2014, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:05 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Jonathan J. Einhorn
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Commissioner Jonathan J. Einhorn
Commissioner Jay Shaw (participated via speakerphone)
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, Kathleen K. Ross, Gregory F. Daniels, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of May 28, 2014.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
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Kareem Hedge v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport |
Kareem Hedge participated via speakerphone. The Commissioners unanimously voted to correct the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
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Jason Miller v. FOI Liaison C. Mitchell, State of Connecticut, Department of Correction, Cheshire Correctional Institution; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Jason Miller 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.
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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 |
James Torlai appeared on his own behalf. Assistant Attorney General Terrence O’Neil appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted, 7-0, to adopt the Hearing Officer’s Report as amended.* Commissioner Barry abstained. The proceedings were recorded digitally.
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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, Divison of State Police |
James Torlai appeared on his own behalf. Assistant Attorney General Terrence O’Neill appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted, 7-0, to adopt the Hearing Officer’s Report as amended.* Commissioner Barry abstained. The proceedings were recorded digitally.
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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.
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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.
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Robert Cushman v. Chief, Police Department, Town of Montville; and Police Department, Town of Montville |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Edward Peruta v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; Paul Mounts, Supervisor, 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.
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Edward Peruta v. Reuben Bradford, 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 |
Assistant Attorney General Terrence O’Neill appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Docket #FIC 2013-525 |
Ethan Book v. Mayor, City of Bridgeport; and City of Bridgeport |
The matter was tabled.
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Loretta Davis and Keyonna Davis 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 |
Loretta Davis and Keyonna Davis appeared on their own behalf. Assistant Attorney General Terrence O’Neill appeared on behalf of the respondents. The Commissioners Unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
The Commissioners unanimously voted to affirm the Decision Not to Schedule in David Godbout v. Board of Examiners for Nursing, State of Connecticut, Department of Public Health; and State of Connecticut Department of Public Health, Docket # FIC 2013-379. The proceedings were recorded digitally.
The Commissioners unanimously voted to affirm the Decision Not to Schedule in David Godbout v. Office of the Governor, State of Connecticut, Docket # FIC 2013-382. The proceedings were recorded digitally.
The Commissioners unanimously voted to affirm the Decision Not to Schedule in David Godbout v. James Tracy, Executive Director, State of Connecticut, Office of Legislative Management; and State of Connecticut, Office of Legislative Management, Docket # FIC 2013-412.The proceedings were recorded digitally.
The Commissioners unanimously voted to affirm the Decision Not to Schedule in Ethan Book v. Chief, Police Department, Parking Violations Bureau, City of Bridgeport; and Parking Violations Bureau, City of Bridgeport, Docket # FIC 2013-464. The proceedings were recorded digitally.
Valicia D. Harmon reported on the New Britain Superior Court Memorandum of Decision in Commissioner, State of Connecticut Department of Labor, et al. v. Freedom of Information Commission, et al. dated May 22, 2014.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy reminded commissioners about the annual Connecticut Council of Freedom of Information meeting on June 18.
The meeting was adjourned at 3:08 p.m.
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Thomas A. Hennick
Thomas A. Hennick
MINREGmeeting 06112014/tah/06122014
AMENDMENTS AND CORRECTIONS
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Kareem Hedge v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport |
The Hearing Officer’s Report is corrected as follows:
2. By letter dated [July] JUNE 28, 2013 and filed with the Commission on July 2, 2013, the complainant alleged that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide him with copies of the records described in paragraph 3, below.
8. At the hearing in this matter, the complainant contended that the respondents had not provided him with any of the responsive records. The complainant also contended that responsive records exist and that the respondents can provide him with such records by obtaining them from the appellate and habeas files related to THE complainant’s litigation.
11. The Commission takes administrative notice of the Public Records Administrator’s retention schedule for municipal records management pertaining to the public safety and emergency services records. The Commission notes that municipalities are required to retain case investigation records that do not involve death such as non-fatal accidents, felonies, infractions, misdemeanors, solved missing persons and stolen motor vehicles or license plates for ten years. See generally Municipal Records Retention/Disposition Schedule M7.
12. It is found that, [on] UPON receipt of the complainant’s request for the requested records related to his March 13, 2003 arrest, the respondents searched their physical files for responsive records and initially were unable to locate any responsive records.
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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 order in the Hearing Officer’s Report is amended as follows:
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
3. Enforcement of paragraph 2 of the order is stayed until resolution of the appeal [of the Memorandum of Decision] in Commissioner of Public Safety v. Freedom of Information Commission, et al. (SC 19047) (2014).
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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, Divison of State Police |
The order in the Hearing Officer’s Report is amended as follows:
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
3. Enforcement of paragraph 2 of the order is stayed until resolution of the appeal [of the Memorandum of Decision] in Commissioner of Public Safety v. Freedom of Information Commission, et al. (SC 19047) (2014).