Connecticut Freedom of Information Commission

Thank you to everyone who made our annual FOI Conference a success. Missed the program? Click here to watch the CT-N broadcast

TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of November 19, 2014
     A regular meeting of the Freedom of Information Commission was held on November 19, 2014, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:06 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler
     Commissioner Francis J. Brady
     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, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of October 22, 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.
William Robinson and the Water Pollution Control Authority of Bridgeport v. First Selectman, Town of Trumbull; Sewer Administrator, Town of Trumbull; and Town of Trumbull
     Attorney John Casey appeared on behalf of the complainants. Attorney Darin Callahan appeared on behalf of the respondents. The Commissioners voted, 5-1, to adopt the Hearing Officer’s Report. Commissioner Brady voted against adoption. The proceedings were recorded digitally.
Ann Carr v. Chairman, Board of Finance, Town of Morris; Board of Finance, Town of Morris; and Town of Morris
     Attorney Leonard Caine appeared on behalf of the complainant. Ronald Emanuel 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.* The proceedings were recorded digitally.
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 amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Marc Schwab and the City of Waterbury v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Mark Dumas and the Connecticut State Police Union v. Dora Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; Colonel Danny Stebbins, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Seth Wolfe v. Chairman, Police Commission, Town of Clinton; Police Commission, Town of Clinton; and Town of Clinton
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Seth Wolfe v. Chief, Police Department, Town of Clinton; Police Department,Town of Clinton; and Town of Clinton
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Edward Peruta and American News and Information Services Inc. v. Dora Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Edward Peruta and American News and Information Services Inc. v. Dora Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Edward Peruta and American News and Information Services Inc. v. Dora Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Peter Hood v. David Streit, Chairman, Fairfield County Deer Management Alliance; and Fairfield County Deer Management Alliance
     Peter Hood 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.
     The Commissioners unanimously voted to affirm the Decision Not to Schedule in: David
Godbout v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General, Docket # FIC 2013-760; David Godbout v. Owen Eagan, Chairman, State of Connecticut, Freedom of Information Commission; and State of Connecticut, Freedom of Information Commission, Docket # FIC 2013-783; David Godbout v. Chairman, State of Connecticut, Department of Administrative Services, Division of Construction Services, School Safety Infrastructure Council; and State of Connecticut, Department of Administrative Services, Division of Construction Services, School Safety Infrastructure Council, Docket # FIC 2013-800; David Godbout v. Governor, State of Connecticut; and State of Connecticut, Office of the Governor, Docket # FIC 2014-001; David Godbout v. Liz Vitullo, Compliance and Public Information Specialist, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics, Docket # FIC 2014-002 and David Godbout v. Stephen D. Dargan, Gerald M. Fox, J. Brendan Sharkey, Joe Aresimowicz, Bob Godfrey, and Andrew M. Fleischmann, Members, State of Connecticut, General Assembly, House of Representatives, Docket # FIC 2014-019. The proceedings were recorded digitally.
     Victor R. Perpetua reported on the New Britain Superior Court Memorandum of Decision in Board of Estimate and Taxation for the Town of Greenwich, et al. v. Freedom of Information Commission, et al. dated October 30, 2014.
     Paula S. Pearlman reported on the New Britain Superior Court Memorandum of Decision in Michael C. Harrington v. Freedom of Information Commission, et al. dated November 12, 2014. Commissioner Brady did not participate in the ensuing discussion.
     Colleen M. Murphy and Mary E. Schwind reported on the New Britain Superior Court Memorandum of Decision in David Godbout v. Freedom of Information Commission, dated November 13, 2014.
     Paula S. Pearlman reported on the Judicial Notice in Kadri, Paul v. Freedom of Information Commission, Docket Number HHB-CV-14-6024711-S, dated October 29, 2014.
     Colleen M. Murphy reported on the Judicial Notice in Miller, Jason v. FOIC, Docket Number HHB-CV-14-5016044-S dated October 30, 2014.
     The Commissioners unanimously voted to add to the agenda a discussion and possible action on Seth Goldberg v. Regional School District #18, CV-14-6022237. The Commissioners unanimously voted to authorize FOIC staff to seek intervenor status in the matter.
Victor R. Perpetua reported on pending appeals
The meeting was adjourned at 4:47 p.m.
 ______________
Thomas A. Hennick
MINREGmeeting 11192014/tah/11202014
AMENDMENTS
Ann Carr v. Chairman, Board of Finance, Town of Morris; Board of Finance, Town of Morris; and Town of Morris
     The Hearing Officer’s Report is amended by adding a new paragraph 16, as follows:
     16.  IT IS FURTHER FOUND THAT AT THE DECEMBER 11, 2013 MEETING, THE RESPONDENTS DID NOT TAKE ACTION ON THE TWO SUBSTANTIVE MATTERS ON THE AGENDA (i.e. NOMINATION OF OFFICERS AND THE PRESENTATION OF AUDIT RESULTS BY MR. ZEMITIS). RATHER, SUCH MATTERS WERE SCHEDULED TO TAKE PLACE AT TWO LATER MEETINGS OF THE RESPONDENT, DECEMBER 16 AND DECEMBER 18 RESPECTIVELY.
     PARAGRAPHS 16-20 ARE TO BE RENUMBERED. PARAGRAPH 16 BECOMES 17, 17 BECOMES 18 ETC.
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 Hearing Officer’s Report is amended as follows:
     Subsequent to the hearing and by email dated and received on October 28, 2014, the complainant informed the Commission that, based on evidence elicited at the contested case hearing, he was withdrawing his complaint.  THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.
Peter Hood v. David Streit, Chairman, Fairfield County Deer Management Alliance; and Fairfield County Deer Management Alliance
     The Hearing Officer’s Report is amended as follows:
     13. Finally, while the Commission declines to impose civil penalties in this case, a discussion did occur at the October 20, 2014 continued contested case hearing concerning whether, in the event that the Commission found a violation in this case, the respondents might benefit from a FOI training session.  The respondents seemed to embrace the opportunity to receive FOI training as a chance to learn the law more thoroughly and, thereby, to conduct their meetings and maintain their records in accordance with the provisions of the FOI Act.  [The complainant also seemed encouraged by the prospect of having the respondents participate in such a training session.]  Accordingly, a FOI training session will be so ordered.