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 September 24, 2014
     A regular meeting of the Freedom of Information Commission was held on September 24, 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 Francis J. Brady
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, 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 September 10, 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.
Maurice Miller v. Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; and City of Waterbury
     Maurice Miller participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Thomas McDonnell v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     Assistant Attorney General Stephen Sarnoski appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Edward Peruta v. Reuben F. Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection;  Christine P. Plourde and Janet K. Ainsworth, State of Connecticut, Department of Emergency Services and Public Protection, Legal Affairs Unit; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Paul Baer v. William Witkowski, Chairman, Board of Education, Thompson Public Schools; and Board of Education, Thompson Public Schools
     Paul Baer appeared on his own behalf. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
Denise Bachiochi v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Denise Bachiochi appeared on her own behalf. Aaron Brown appeared as an intervenor in the matter. The Commissioners unanimously voted to grant Brown intervenor status. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
Lisa Treat-Perry v. Superintendent of Schools, East Haddam Public Schools; and East Haddam Public Schools
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
John Benicewicz v. Ronald Walker, President, Candlewood Hills Tax District; Board of Directors, Candlewood Hills Tax District; and Candlewood Hills Tax District
     Attorney Adam Cohen appeared on behalf of the complainant. Attorney Christopher Harrington appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Vincent Aiello v. Board of Finance, Town of Morris; and Town of Morris
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Colleen M. Murphy informed The Commissioners that no action would be necessary in the following matters: David Godbout v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2013-640; David Godbout v. Reuben Bradford, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2013-651 and David Godbout v. Kevin Witkos, Member, State of Connecticut, State Senate, Docket # FIC 2013-661. Murphy informed the Commissioners that the complainant had withdrawn all three complaints. The proceedings were recorded digitally.
     Victor R. Perpetua reported on pending appeals
     Colleen M. Murphy reported that efforts were continuing to fill two FOI staff vacancies.
     The meeting was adjourned at 4:06 p.m.
 _______________
Thomas A. Hennick
MINREGmeeting 09242014/tah/09242014
AMENDMENTS
Thomas McDonnell v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The order in the Hearing Officer’s Report is amended as follows:
     2.  The respondents shall [forthwith] WITHIN SIX WEEKS OF THE FINAL DECISION IN THIS MATTER make a diligent search for records to which the §52-142a, G.S., does not apply.  If any such records are located, the respondents shall promptly provide copies of such records to the complainant, free of charge.  If the respondents do not locate any such records, they shall inform the complainant in writing of such fact and describe their search for such records.
Paul Baer v. William Witkowski, Chairman, Board of Education, Thompson Public Schools; and Board of Education, Thompson Public Schools
     The Hearing Officer’s Report is amended as follows:
     21. THE COMPLAINANT REQUESTED THE IMPOSITION OF CIVIL PENALTIES AGAINST THE RESPONDENTS.  AFTER CONSIDERATION OF THE ENTIRE RECORD IN THIS CASE, HOWEVER, THE COMMISSION DECLINES TO CONSIDER THE IMPOSITION OF CIVIL PENALTIES.
Denise Bachiochi v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Hearing Officer’s Report is amended as follows:
     The Commission unanimously voted to add Aaron Brown as an intervenor.
     25. Consequently, it is found that the respondent Commissioner’s grounds for believing that disclosure of the records described in paragraph 2b, above, may result in a safety risk are [“irrational” and therefore] not reasonable within the meaning of §1-210(b)(18)(G), G.S.
     29. [It is found, therefore, that the respondent Commissioner’s belief is “pretextual and not bona fide,” and “irrational.”]  Therefore, it is concluded that the respondents Commissioner does not have reasonable grounds to believe that disclosure of the records described in paragraph 2c, above, may result in a safety risk within the meaning of §1-210(b)(18), G.S.
John Benicewicz v. Ronald Walker, President, Candlewood Hills Tax District; Board of Directors, Candlewood Hills Tax District; and Candlewood Hills Tax District
     The Hearing Officer’s Report is amended as follows:
     15. It is found that the November 7, 2013 meeting occurred on the telephone amongst and between the respondent district’s board members, and no member of the public was able to attend or witness the telephonic proceedings.  It is found that the respondents failed to post a notice and an agenda for such meeting.  It is further found that the vote that followed the telephonic meeting occurred by way of email amongst and between the respondent district’s board members, and that no record of the vote was created [with] WITHIN forty-eight hours of the meeting.
     21. By letter dated February 10, 2014 and filed February 11, 2014, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide[d] him a copy of the records described in paragraph 20, above.
     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     3.  Forthwith, the respondents shall gather the district’s public records from the various locations where they are currently maintained, review them and provide THEM to the complainant without cost any responsive record that was not previously provided to him.