| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of November 18, 2015 |
A regular meeting of the Freedom of Information Commission was held on October 18, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:13 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 Jay Shaw (participated via speakerphone)
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, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Tracie C. Brown, Valicia D. Harmon, Cindy Cannata, and Thomas A. Hennick.
The Commissioners voted, 5-0, to approve the minutes of the Commission’s regular meeting of October 28, 2015. Commissioner Daly 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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Kacey Lewis v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Kacey Lewis 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.
proceedings were recorded digitally.
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Kacey Lewis v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Kacey Lewis 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.
proceedings were recorded digitally.
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Ira Alston v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Ira Alston 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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Robert Salatto v. Dean Esserman, Chief, Police Department, City of New Haven; Police Department, City of New Haven; and City of New Haven |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Cheryl Eberg v. Human Resources Manager, State of Connecticut, Military Department; Adjunct General, State of Connecticut, Military Department; and State of Connecticut, Military Department |
Mekela Panditharalne appeared behalf of the complainant. Assistant Attorney General Stephen Sarnoski appeared on behalf of the respondents. The Commissioners unanimously voted to
approve the Hearing Officer’s Report. The proceedings were recorded digitally.
approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Mark Dumas v. John Harkins, Mayor, Town of Stratford; Marc Dillon, Chief of Staff, Town of Stratford; Maurice McCarthy, Director, Department of Public Works, Town of Stratford; Chad Esposito, Superintendent of Parks, Town of Stratford; Dave Fuller, Chairman, Zoning Commission, Town of Stratford; Chris Silhavey, Chairman, Planning Commission, Town of Stratford; Gary Lorentson, Planning and Zoning Administrator, Town of Stratford; and Town of Stratford |
Mark Dumas appeared on his own behalf. Attorney Gregory Kimmel appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s report. The Commissioners unanimously voted to approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
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Yvette Tyson v. Chief Executive Officer, Stamford Housing Authority, City of Stamford; and City of Stamford |
The Hearing Officer’s Report was withdrawn.
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Marissa Lowthert v. Bruce Likly, Chairman, Board of Education, Wilton Public Schools; Christine Finkelstein, Chris Stroup, Laura Schwemm, Glen Hemmerle, and Lory Rothstein, as members, Board of Education, Wilton Public Schools; and Wilton Public Schools |
The Commissioners unanimously voted to amend the Hearing Officer’s report. The Commissioners unanimously voted to approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
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Marissa Lowthert v. William Brennan, First Selectman, Town of Wilton; James Saxe, Richard Dubow, Michael Kaelin and Deborah McFadden, Selectmen, Board of Selectmen, Town of Wilton; and Town of Wilton |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Elisabeth Seieroe Maurer v. Director of Human Resources, Town of Stratford; and Town of Stratford |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Tariq Abdulaziz v. Commissioner, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Alexander Wood and the Manchester Journal Inquirer v. John DeFeo, Executive Director, State of Connecticut, Board of Pardons and Parole; Tara Brooks, Parole and Community Services Manager, State of Connecticut, Board of Pardons and Parole; and State of Connecticut, Board of Pardons and Parole |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Lisa Treat-Perry v. Superintendent of Schools, East Haddam Public Schools; and East Haddam Public Schools |
Lisa Treat-Perry appeared on her own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Robert Cushman 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 approve the Hearing Officer’s Report.
Colleen Mr. Murphy told commissioners that no action would be needed in the following matters, as all had been withdrawn the previous day: David Godbout v. Executive Director, Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability; and Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability, Docket # FIC 2015-031; David Godbout v. Executive Director, Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability; and Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability, Docket # FIC 2015-032; David Godbout v. Chair, Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability; and Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability, Docket # FIC 2015-038; David Godbout v. Freedom of Information Officer, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center, Docket # FIC 2015-039; David Godbout v. Director, 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 2015-094; David Godbout v. Greg Miner, Member, State of Connecticut, House of Representatives; Martin Looney, Member, State of Connecticut, State Senate; and Bipartisan Task Force on Gun Violence Prevention, State of Connecticut, Connecticut General Assembly, Docket # FIC 2015-045; David Godbout v. Chair, State of Connecticut, State Bond Commission; and State of Connecticut, State Bond Commission, Docket # FIC 2015-059; David Godbout v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General, Docket # FIC 2015-081; David Godbout v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General, Docket # FIC 2015-093; David Godbout v. Chair, State of Connecticut, Governmental Accountability Commission; and State of Connecticut, Governmental Accountability Commission, Docket # FIC 2015-085; David Godbout v. Chair, State of Connecticut, Governmental Accountability Commission; and State of Connecticut, Governmental Accountability Commission, Docket # FIC 2015-086; in David Godbout v. Chair, State of Connecticut, Governmental Accountability Commission; and State of Connecticut, Governmental Accountability Commission, Docket # FIC 2015-087 and David Godbout v. Anthony J. Castagno, Member, State of Connecticut, Governmental Accountability Commission; and State of Connecticut, Governmental Accountability Commission, Docket # FIC 2015-098.
Colleen M. Murphy and Lisa F. Siegel reported on the Memorandum of Decision in First Selectman, Town of Trumbull, et al. v. Freedom of Information Commission, et al HHB-CV-15-6027970S, (Nov. 5, 2015) (Schuman, J.)
Victor R. Perpetua and Colleen M. Murphy reported on pending appeals.
Colleen M. Murphy reported that budget issues would be a significant part of the next legislative session.
The meeting was adjourned at 3:43 p.m.
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Thomas A. Hennick
MINREGmeeting 11182015/tah/11192015
AMENDMENTS
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Mark Dumas v. John Harkins, Mayor, Town of Stratford; Marc Dillon, Chief of Staff, Town of Stratford; Maurice McCarthy, Director, Department of Public Works, Town of Stratford; Chad Esposito, Superintendent of Parks, Town of Stratford; Dave Fuller, Chairman, Zoning Commission, Town of Stratford; Chris Silhavey, Chairman, Planning Commission, Town of Stratford; Gary Lorentson, Planning and Zoning Administrator, Town of Stratford; and Town of Stratford |
The Hearing Officer’s Report is amended as follows:
11. It is found that the complainant responded by email the next day (January 27) that the respondents’ procedure violated the FOI Act, that requests to inspect records do not need to be on an approved form, that his request was entirely proper both in form and in directing it to the specific officials to whom it was directed. The complainant cited, as support for his opinion, Docket #FIC 2006-433, Jody Gemmel v. John Hodge, et al., and Docket #FIC 1995-365, Christopher Hoffman v. Leon J. O’Connor, et al.
[42. While the Commission would not ordinarily make findings about the culpability of individuals who are not respondents, it is necessary in this case to make findings concerning the Town Attorney in order to exclude the named respondents as custodians or officials directly responsible for the denial of the complainant’s FOI Act rights.]
[43.] 42. Based upon the evidence produced at the hearing by the complainant, it is found that Town Attorney Bishop was the individual directly responsible for the denial of the complainant’s rights described in ¶35, above. The Town Attorney initially expressed doubt about the existence of any of the requested records, notwithstanding that he had been involved in the cell tower matter for months before the request. The Town Attorney represented to the complainant that the other individually named respondents would not be responding to the request because of the complainant’s refusal to complete the town’s form as requested by the Town Attorney. The Town Attorney persisted in his position even when the complainant brought contrary law to his attention. After the Town Attorney delegated this matter to another attorney, he informed that attorney that the reason the records were not provided was that the complainant had not filled out the town’s form. [While most of the complainant’s interactions following his request were with the Town Attorney, the complainant only named seven other individuals as respondents who should be subject to civil penalties. The complainant, for reasons of his own, did not name the Town Attorney as a respondent, or argue that the Town Attorney should be subject to a civil penalty,.]
The Commission [accordingly] ,HOWEVER, IN ITS DISCRETION, declines to further consider the imposition of civil penalties.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Each respondent shall forthwith diligently search for any records responsive to the complainant’s requests, and provide any records found to the complainant, free of charge. Each respondent shall execute an affidavit detailing the performance of that search, and submit such affidavit to the Commission and to the complainant.
2. Specifically, the respondents shall forthwith provide a copy of the executed structure lease for the cell tower to the complainant, free of charge.
3. IN NO MORE THAN 14 DAYS FOLLOWING RECEIPT OF THE FINAL DECISION IN THIS MATTER, THE RESPONDENTS, OR THEIR DESIGNEE, SHALL ARRANGE FOR AN FOI ACT TRAINING SESSION TO BE CONDUCTED BY THE STAFF OF THE FOI COMMISSION. THE RESPONDENTS, OR THEIR DESIGNEE, SHALL FORTHWITH CONTACT THE FOI COMMISSION TO SCHEDULE SUCH TRAINING SESSION.
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Marissa Lowthert v. Bruce Likly, Chairman, Board of Education, Wilton Public Schools; Christine Finkelstein, Chris Stroup, Laura Schwemm, Glen Hemmerle, and Lory Rothstein, as members, Board of Education, Wilton Public Schools; and Wilton Public Schools |
The Hearing Officer’s Report is amended as follows:
The above-captioned matter was heard as a contested case on September 29, 2015, at which time the complainant and the respondents appeared[.] ,STIPULATED TO CERTAIN FACTS AND PRESENTED TESTIMONY, EXHIBITS AND ARGUMENT ON THE COMPLAINT.