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 May 13, 2015
     A regular meeting of the Freedom of Information Commission was held on May 13, 2015, 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 Jay Shaw (participated via speakerphone)
     Commissioner Jonathan J. Einhorn
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Kathleen K. Ross, Tracie C. Brown, Valicia D. Harmon, Paula S. Pearlman, Virginia Brown, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of April 22, 2015.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Anthony Cannon 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.
Jon Schoenhorn v. Jack Daly, Chief, Police Department, Town of Southington; and Police Department, Town of  Southington
     The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report. Commissioner Daly recused himself from the matter.
Aaron Brantley and the New Haven Firefighters Local 825 v. Board of Fire Commissioners, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Bradshaw Smith v. Donald S. Trinks, Mayor, Town of Windsor; Jody L. Terranova, Chair, Personnel Committee, Town of Windsor; Donald Jepsen, Jr., John Gamache, Members, Personnel Committee, Town of Windsor; and Town of Windsor
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Dave Altimari and the Hartford Courant v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     Attorney William Fish appeared behalf of the complainants. Assistant Attorney General Steven Barry appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s  Report.
Anna Maria Lemoine, Leslie Rovetti and the Westerly Sun v. Education Committee, Board of Finance, Town of Stonington; Board of Finance, Town of Stonington; and Town of Stonington
     David Tranchida appeared on behalf of the complainants.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Victor Katz v. William Leverence, Controller, Town of Brookfield; and Town of Brookfield
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Jose Rojas v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut,
Department of Public Health
     Assistant Attorney General Kerry Anne Colson appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted unanimously to adopt the Hearing Officer’s Report as amended.* 
Joseph Cole and the Orange Times v. Director of Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange
     Attorney Philip Pires appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted unanimously to adopt the Hearing Officer’s Report as amended.* 
Len Besthoff and NBC Connecticut v. Sanitarian, Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange
     Len Besthoff appeared on behalf of the complainants. Attorney Philip Pires appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted unanimously to adopt the Hearing Officer’s Report as amended.*
Edward Young v. Town Manager, Town of Newington; and Town of Newington
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
William Rousseau v. Kevin Brace, Chairman, Police Commission, Town of Windsor Locks; Police Commission, Town of Windsor Locks; and Town of Windsor Locks
     William Rousseau appeared on his own behalf.  The Commissioners unanimously voted to adopt the Hearing Officer’s  Report.
Terry Zeitler and the Administrative and Residual Employees Union v. Commissioner, State of Connecticut, Department of Banking; and State of Connecticut, Department of Banking
  
     The Commissioners unanimously voted to adopt the second Hearing Officer’s Report.
     The Commissioners unanimously voted to deny a Motion for Reconsideration dated April 28, 2015 filed by Marissa Lowthert in Marissa Lowthert v. Gary Richards, Superintendent of Schools, Wilton Public Schools; Cheryl Jensen-Gerner, Principal, Miller Driscoll School, Wilton Public Schools; and Wilton Public Schools, Docket #FIC 2014-265.
     The Commissioners unanimously voted to deny a Motion for Reconsideration dated April 22, 2015 filed by David Godbout in David Godbout v. State of Connecticut, Department of Motor Vehicles, Docket #FIC 2014-258.
     Colleen M. Murphy informed the Commissioners that no action would be necessary in the following matters: David Godbout v. E.P. Llodra, First Selectman, Town of Newtown; and Town of Newtown, Docket # FIC 2014-379; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-380; David Godbout v. Christine Plourde, Director, Legal Affairs Division, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2014-381; David Godbout v. Commissioner, State of Connecticut, Department of Administrative Services; and State of Connecticut, Department of Administrative Services, Docket # FIC 2014-398; David Godbout v. State of Connecticut, Office of the Secretary of the State, Docket # FIC 2014-399. Attorney Murphy informed the Commissioners that the complainant had withdrawn all five complaints earlier in the day. The proceedings were recorded digitally.
     The Commissioners unanimously voted to deny the appeal of the denial of a request for expedited processing, dated April 14, 2015 and received by the Commission on April 20, 2015 filed by Joseph Rodowicz, Jr., Esq. in Docket #FIC 2015-242, Colonial Health and Rehab Center v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health.
     Victor R. Perpetua reported on pending appeals.
 
     lleen M. Murphy reported on legislation.
     The meeting was adjourned at 3:16 p.m.

______________
Thomas A. Hennick
MINREGmeeting 05132015/tah/05142015
AMENDMENTS
Jose Rojas v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health
     The Hearing Officer’s Report is amended as follows:
     The above-captioned matter was heard as a contested case on February 13, 2015, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  [The matter was consolidated for hearing with Docket #FIC 2014-519; Joseph Cole and the Orange Times v. Director of Health Department; Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange; and Docket #FIC 2014-783; Len Besthoff and NBC Connecticut v. Sanitarian, Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange.]
Joseph Cole and the Orange Times v. Director of Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange
     The Hearing Officer’s Report is amended as follows:
     The above-captioned matter was heard as a contested case on February 13, 2015, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  [The matter was consolidated for hearing with Docket #FIC 2014-435; Kamran Niazi v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health; and Docket #FIC 2014-783; Len Besthoff and NBC Connecticut v. Sanitarian, Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange.]
Len Besthoff and NBC Connecticut v. Sanitarian, Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange
     The above-captioned matter was heard as a contested case on February 13, 2015, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  [The matter was consolidated for hearing with Docket #FIC 2014-435; Kamran Niazi v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health; and Docket #FIC 2014-519; Joseph Cole and the Orange Times v. Director of Health, Health Department, Town of Orange; Health Department, Town of Orange; and Town of Orange.]