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 July 22, 2015
     A regular meeting of the Freedom of Information Commission was held on July 22, 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 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 July 8, 2015. Commissioner Winkler 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.
Jermaine Little v. Scott Semple, Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Jermaine Little participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Michael Labarge v. Chief, Police Department, City of New Britain; Police Department, City of New Britain; and City of New Britain
     Michael Labarge participated via speakerphone. Attorney Joseph Skelly appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Adrienne DeLucca and the Connecticut Education Association v. Director, Capital Preparatory Schools, Inc., and Capital Preparatory Schools, Inc.
     Attorney Mark Sommaruga appeared on behalf of the respondents. The Commissioners twice voted, 6-0, to amend the Hearing Officer’s Report. The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner Hankins recused himself from the matter.
Adrienne DeLucca and the Connecticut Education Association v. Director, Achievement First, Inc.; and Achievement First, Inc.
     Attorney Mark Sommaruga appeared on behalf of the respondents. The Commissioners twice voted, 6-0, to amend the Hearing Officer’s Report. The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner Hankins recused himself from the matter.
Jon Lender, Vanessa de la Torre and the Hartford Courant v. CEO, Family Urban Schools of Excellence; and Family Urban Schools of Excellence
     Attorney Mark Sommaruga appeared on behalf of the respondents. The Commissioners twice voted, 6-0, to amend the Hearing Officer’s Report. John Ferraro appeared on behalf of the respondents. The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner Hankins recused himself from the matter.
Bradshaw Smith v. Paul J. Panos, Vice-President, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools
     Bradshaw Smith appeared on his own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Bradshaw Smith v. Christina Santos, President, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools
     Bradshaw Smith appeared on his own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Bradshaw Smith v. Anna Christina Santos, Chairperson, Executive Committee, Board of Education, Windsor Public Schools; Executive Committee, Board of Education, Windsor Public Schools; and Windsor Public Schools
     Bradshaw Smith appeared on his own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Daniel Golodner v. Chief, Police Department, City of New London; Police Department, City of New London; and City of New London
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Kelle Giachello v. Board of Selectmen, Town of Somers; and Town of Somers
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Michael Lovetere v. Board of Education, Waterford Public Schools; and Waterford Public Schools
     Michael Lovetere appeared on his own behalf. Attorney Anne Littlefield appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s
Report.
     Colleen M. Murphy informed the Commissioners that no action would be required in: Robert Cushman v. Chief, Police Department, Town of Wallingford; Police Department, Town of Wallingford; and Town of Wallingford, Docket # FIC 2014-564. Attorney Murphy reported that the complaint had been formally withdrawn.
     Colleen M. Murphy informed the Commissioners that no action would be required in: David Godbout v. Joan V. Hartley, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate, Docket # FIC 2014-669; David Godbout v. Joan V. Hartley, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Public Safety and Security Committee, Docket # FIC 2014-670 and David Godbout v. Joan V. Hartley, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-671.  Attorney Murphy reported that the complaints had been formally withdrawn. The proceedings were recorded digitally.
     Colleen M. Murphy reported that Commissioners Matthew Streeter and Ryan Barry had been reappointed to two-year terms which will expire in 2017.

     The meeting was adjourned at 3:45 p.m.

 ______________
Thomas A. Hennick
MINREGmeeting 07222015/tah/07242015
AMENDMENTS and CORRECTIONS
Adrienne DeLucca and the Connecticut Education Association v. Director, Capital Preparatory Schools, Inc., and Capital Preparatory Schools, Inc.
          The Hearing Officer’s Report is amended as follows:
          Strike all, and insert the following:
     THE ABOVE-CAPTIONED MATTER WAS HEARD AS A CONTESTED CASE ON MARCH 24, 2015, AT WHICH TIME THE COMPLAINANT AND THE RESPONDENTS APPEARED, STIPULATED TO CERTAIN FACTS AND PRESENTED TESTIMONY, EXHIBITS AND ARGUMENT ON THE COMPLAINT.
     UPON THE PARTIES’ MOTION, CO-COMPLAINANT ADRIENNE DELUCCA WAS PERMITTED TO WITHDRAW AS CO-COMPLAINANT IN ORDER TO APPEAR AS COUNSEL FOR THE REMAINING COMPLAINANT, THE CONNECTICUT EDUCATION ASSOCIATION.  ON JUNE 17, 2015, A REPORT OF HEARING OFFICER WAS ISSUED; ON JUNE 29, 2015, THE HEARING OFFICER SUA SPONTE WITHDREW SUCH REPORT PRIOR TO THE COMMISSION’S CONSIDERATION.
     ON JULY 6, 0215, THE HEARING OFFICER ISSUED A SECOND REPORT OF HEARING OFFICER. THAT SECOND REPORT RESULTED IN A PROPOSED DECISION THAT WAS ADVERSE TO THE COMPLAINANT.
     ON JULY 20, 2015, THE COMPLAINANT WITHDREW ITS COMPLAINT BY EMAIL.  ALSO ON JULY 20, 2015, THE RESPONDENTS FILED A REQUEST THAT THE FREEDOM OF INFORMATION COMMISSION DISMISS THIS MATTER WITH PREJUDICE.THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF BOTH E-MAILS.
     THE FOLLOWING ORDER BY THE COMMISSION IS HEREBY RECOMMENDED ON THE BASIS OF THE RECORD CONCERNING THE ABOVE-CAPTIONED COMPLAINT:

     1.  BASED ON THE WITHDRAWAL OF THE COMPLAINT, THE COMPLAINT IS DISMISSED.
Adrienne DeLucca and the Connecticut Education Association v. Director, Achievement First, Inc.; and Achievement First, Inc.
          The Hearing Officer’s Report is amended as follows:
          Strike all, and insert the following:
     THE ABOVE-CAPTIONED MATTER WAS HEARD AS A CONTESTED CASE ON MARCH 24, 2015, AT WHICH TIME THE COMPLAINANT AND THE RESPONDENTS APPEARED, STIPULATED TO CERTAIN FACTS AND PRESENTED TESTIMONY, EXHIBITS AND ARGUMENT ON THE COMPLAINT.
     UPON THE PARTIES’ MOTION, CO-COMPLAINANT ADRIENNE DELUCCA WAS PERMITTED TO WITHDRAW AS CO-COMPLAINANT IN ORDER TO APPEAR AS COUNSEL FOR THE REMAINING COMPLAINANT, THE CONNECTICUT EDUCATION ASSOCIATION.  ON JUNE 17, 2015, A REPORT OF HEARING OFFICER WAS ISSUED; ON JUNE 29, 2015, THE HEARING OFFICER SUA SPONTE WITHDREW SUCH REPORT PRIOR TO THE COMMISSION’S CONSIDERATION.
     ON JULY 6, 0215, THE HEARING OFFICER ISSUED A SECOND REPORT OF HEARING OFFICER. THAT SECOND REPORT RESULTED IN A PROPOSED DECISION THAT WAS ADVERSE TO THE COMPLAINANT.
     ON JULY 20, 2015, THE COMPLAINANT WITHDREW ITS COMPLAINT BY EMAIL.  ALSO ON JULY 20, 2015, THE RESPONDENTS FILED A REQUEST THAT THE FREEDOM OF INFORMATION COMMISSION DISMISS THIS MATTER WITH PREJUDICE.THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF BOTH E-MAILS.
     THE FOLLOWING ORDER BY THE COMMISSION IS HEREBY RECOMMENDED ON THE BASIS OF THE RECORD CONCERNING THE ABOVE-CAPTIONED COMPLAINT:

               1.  BASED ON THE WITHDRAWAL OF THE COMPLAINT, THE COMPLAINT IS DISMISSED.
Jon Lender, Vanessa de la Torre and the Hartford Courant v. CEO, Family Urban Schools of Excellence; and Family Urban Schools of Excellence
     The Hearing Officer’s Report is amended as follows:
     Strike all, and insert the following:
     THE ABOVE-CAPTIONED MATTER WAS HEARD AS A CONTESTED CASE ON MARCH 19, AND APRIL 15, 2015, AT WHICH TIMES THE COMPLAINANTS AND THE RESPONDENTS APPEARED, STIPULATED TO CERTAIN FACTS AND PRESENTED TESTIMONY, EXHIBITS AND ARGUMENT ON THE COMPLAINT.
     ON JULY 7, 2015, A REPORT OF HEARING OFFICER WAS ISSUED. THAT REPORT RESULTED IN A PROPOSED DECISION THAT WAS ADVERSE TO THE COMPLAINANT.
     ON JULY 21, 2015, THE COMPLAINANTS WITHDREW THEIR COMPLAINT BY EMAIL.  ALSO ON JULY 22, 2015, THE RESPONDENTS FILED A REQUEST THAT THE FREEDOM OF INFORMATION COMMISSION DISMISS THIS MATTER WITH PREJUDICE.  THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF BOTH E-MAILS.
     THE FOLLOWING ORDER BY THE COMMISSION IS HEREBY RECOMMENDED ON THE BASIS OF THE RECORD CONCERNING THE ABOVE-CAPTIONED COMPLAINT:
          1. BASED ON THE WITHDRAWAL OF THE COMPLAINT, THE COMPLAINT IS DISMISSED.