| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of June 24, 2015 |
A regular meeting of the Freedom of Information Commission was held on June 24, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:12 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
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
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, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Tracie C. Brown, Valicia D. Harmon, Paula S. Pearlman, Virginia Brown, Cindy Cannata, and Thomas A. Hennick.
The Commissioners voted, 6-0, to approve the minutes of the Commission’s regular meeting of June 10, 2015. Commissioners Daly and Barry abstained.
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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Docket #FIC 2014-466 |
Marquis Jones v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport |
Marquis Jones participated via speakerphone. The complainant made a motion to vacate his withdrawal of the matter. The Commissioners unanimously voted to postpone action on the matter until the Commission meeting of July 8, 2015. The proceedings were recorded digitally.
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Raymond Cerilli v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Raymond Cerilli participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
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David Osuch v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
David Osuch 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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Paul Kadri v. Chairman, Board of Education, Groton Public Schools; and Board of Education, Groton Public Schools |
The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report. Commissioners Hankins and Winkler abstained.
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Marissa Lowthert v. Bill Brennan, First Selectman, Town of Wilton; Harold Clark, Richard Dubow, Tedd Hoffstatter, and James Saxe, as members, Board of Selectmen, Town of Wilton; Board of Selectmen, Town of Wilton, and Town of Wilton |
Marissa Lowthert appeared on her own behalf. Attorney Patricia Sullivan appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
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Marissa Lowthert v. Warren Serenbetz, Chairman, Board of Finance, Town of Wilton; Al Alper, Richard Creeth, Lynne Vanderslice, Jeffrey Rutishauser, John Kalamarides, as members, Board of Finance, Town of Wilton; Board of Finance, Town of Wilton; and Town of Wilton |
Marissa Lowthert appeared on her own behalf. Attorney Patricia Sullivan 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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E. Gregory Cerritelli v. Chief, Police Department, Town of Ansonia; Police Department, Town of Ansonia; and Town of Ansonia |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Amanda Pelletier v. Chief, Police Department, Town of Manchester; Police Department, Town of Manchester; and Town of Manchester |
The Commissioners voted, 7-0, to adopt the Hearing Officer’s Report. Commissioner Barry abstained.
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JR Romano and Tim for Connecticut v. Treasurer, State of Connecticut, Office of the Treasurer; and State of Connecticut, Office of the Treasurer |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Bernard Kokinchak v. Chairman, Animal Control Task Force, Town of Southbury; Animal Control Task Force, Town of Southbury; and Town of Southbury |
Bernard Kokinchak appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
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Paul Litrico v. President, Eighth Utilities District, Town of Manchester; and Eighth Utilities District, Town of Manchester |
The Commissioners voted, 7-0, to adopt the Hearing Officer’s Report. Commissioner Barry abstained.
The Commissioners unanimously voted to affirm the Decision Not to Schedule in: David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2014-482; 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 2014-485; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Board of Firearms Permit Examiners; and State of Connecticut, Office of Governmental Accountability, Board of Firearms Permit Examiners, Docket # FIC 2014-492; 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 2014-536 and 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 2014-557. The proceedings were recorded digitally.
Kathleen R. Ross reported on the Appellate Court decision in Edward A. Peruta et al. v. Freedom of Information Commission, AC 36436, officially released June 9, 2015.
Mary E. Schwind reported on the New Britain Superior Court Memorandum of Decision in David Godbout v. Freedom of Information Commission, dated June 18, 2015.
Victor R. Perpetua reported on the New Britain Superior Court Order in Aronow, Michael, M.D. v. FOIC, dated June 18, 2015.
Paula S. Pearlman reported on legislation.
The meeting was adjourned at 3:47 p.m.
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Thomas A. Hennick
MINREGmeeting 06242015/tah/06252015
AMENDMENTS and CORRECTIONS
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Raymond Cerilli v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
The Hearing Officer’s Report is corrected as follows:
10. It is therefore concluded that the respondents did not violate the FOI Act.
[10.] 11. At the hearing the respondents graciously promised to supply the complainant with color copies (instead of black and white copies) of the photos of the accident, if the color prints could be located. The respondents also promised to supply the complainant with contact information for an office within the Department of Administrative Services, from which he could request paperwork concerning repair of the state-owned vehicles (with respect to which the state is self-insured).
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Marissa Lowthert v. Bill Brennan, First Selectman, Town of Wilton; Harold Clark, Richard Dubow, Tedd Hoffstatter, and James Saxe, as members, Board of Selectmen, Town of Wilton; Board of Selectmen, Town of Wilton, and Town of Wilton |
The Hearing Officer’s Report is amended as follows:
23. IT IS FOUND THAT THE MINUTES FOR THE EXECUTIVE SESSION HELD DURING THE RESPONDENT BOARD’S JUNE 2, 2014 REGULAR MEETING FAILED TO DISCLOSE ALL PERSONS WHO WERE IN ATTENDANCE AS REQUIRED BY §1-231(A), G.S.
[23.] 24. Based on the facts and circumstances of this case, [and in the absence of evidence indicating that there were no additional individuals in attendance,] it is concluded that the respondents violated §1-231(a), G.S., by failing to disclose in the minutes all persons who attended the session, as alleged by the complainant.
[24.] 25. Notwithstanding the conclusions in paragraphs 20, 21, and [23] 24, above, the Commission declines to consider the complainant’s request for civil penalty and denies the complainant’s request for the other various remedies, except for the disclosure of those who attended the executive session.
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Bernard Kokinchak v. Chairman, Animal Control Task Force, Town of Southbury; Animal Control Task Force, Town of Southbury; and Town of Southbury |
The Hearing Officer’s Report is corrected as follows:
9. It is found that at approximately 7:00 p.m. the [respondent] COMPLAINANT left the room and the building.