Connecticut Freedom of Information Commission

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TO: Freedom of Information Commission
FROM: Mary E. Schwind
RE: Minutes of the Commission’s regular meeting of February 10, 2016
DATE: February 11, 2016
     A regular meeting of the Freedom of Information Commission was held on February 10, 2016, 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 Jonathan J. Einhorn, presiding
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Matthew Streeter                                                                    
     Commissioner Christopher P. Hankins
     Commissioner Lenny T. Winkler
     Commissioner Ryan P. Barry
    
     Also present were staff members, Colleen M. Murphy, Clifton A. Leonhardt, Kathleen K. Ross, Lisa F. Siegel, Tracie C. Brown, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Mary E. Schwind.
     The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of January 27, 2016.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request
Ira Alston v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Kacey Lewis v. Commissioner, State of Connecticut,  Department of Correction; and State of Connecticut, Department of Correction
     Kacey Lewis participated via speakerphone.  Attorney James Neal appeared on behalf of the respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.   The proceedings were recorded digitally.
 Docket #FIC 2015-202
Adam Osmond v. Catherine Smith, Commissioner, State of Connecticut, Department of Economic and Community Development; and State of Connecticut, Department of Economic and Community Development
    The Commissioners unanimously voted to table the matter.
Database USA LLC v.  Commissioner, State of Connecticut, Department of Administrative Services; and  State of Connecticut, Department of Administrative Services; and InfoGroup, Inc.
     Attorney Michael Harrington appeared on behalf of the complainant.  Attorney Jeffrey Beckham appeared on behalf of the state respondents.  Attorney Daniel Klau appeared on behalf of Infogroup, Inc.    The Commissioners unanimously voted to amend the Hearing Officer’s Report.*    The Commissioners then unanimously voted to adopt the Hearing Officer’s Report as amended.  The proceedings were recorded digitally.
Bruce Flax and Harry Watson v. City Council; City of Groton; and City Council, City of Groton
     Bruce Flax appeared on behalf of the complainants.  Attorney John Casey appeared on behalf of the respondents.    The Commissioners unanimously voted to amend the Hearing Officer’s Report.*    The Commissioners then unanimously voted to adopt the Hearing Officer’s Report as amended.  The proceedings were recorded digitally.
Peter Torrano v. Shirley Mosby, as member, Board of Education, Norwalk Public Schools; and Board of Education Norwalk Public Schools
     Peter Torrano appeared on his own behalf.  Attorney Joshua Shulman appeared on behalf of the respondent.  The Commissioners unanimously adopted the Hearing Officer’s Report as corrected.*  The proceedings were recorded digitally. 
Nancy Chapman v. Shirley Mosby, as member, Board of Education, Norwalk Public Schools; and Board of Education Norwalk Public Schools
     Nancy Chapman appeared on her own behalf.  Attorney Joshua Shulman appeared on behalf of the respondent.  The Commissioners unanimously adopted the Hearing Officer’s Report as corrected.*  The proceedings were recorded digitally. 
PTO Council of Nowalk, Inc. v. Shirley Mosby, as member, Board of Education, Norwalk Public Schools; and Board of Education Norwalk Public Schools
     Attorney Joshua Shulman appeared on behalf of the respondent.  The Commissioners unanimously adopted the Hearing Officer’s Report as corrected.*  The proceedings were recorded digitally. 
George Martocchio v. Superintendent of Schools, Regional School District#7; and Regional School District # 7
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Jarrad McGlamery v. Director, Office of Labor and Legal Services, Hartford Public Schools; Office of Labor and Legal Services, Hartford Public Schools; and Hartford Public Schools 
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
John Rutka v. Mayor, City of Meriden; City Manager, City of Meriden; City Council, City of Meriden; and City of Meriden 
     John Rutka appeared on his own behalf.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally. 
James Brennan v. Inland Wetlands Commission, Town of Seymour; and Town of Seymour
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Anthony Lazzari v. Chief, Police Department, Town of Newington; and Town of Newington
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
                    
     Valicia Harmon and Colleen Murphy reported on the New Britain Superior Court Memorandum of Decision dated February 2, 2016, Berlin Public Schools et al. v. Freedom of Information Commission, et al., Docket No. HHB CV 15-6029080S.
     Colleen Murphy greeted Caroline Barry, a visitor to the Commission, and reported on staff reports.
     Colleen Murphy reported on legislation, including the Governor’s proposed midterm budget adjustments for FY17.

     The meeting was adjourned at 3:24 P.M.

 ______________ 
Mary E. Schwind
MINREGmeeting 021016/mes/02112016
*  See attached for Amendments and Corrections
AMENDMENTS AND CORRECTIONS
Database USA LLC v.  Commissioner, State of Connecticut, Department of Administrative Services; and  State of Connecticut, Department of Administrative Services; and InfoGroup, Inc.
     Paragraph 39 of the Hearing Officer’s Report is amended as follows:
     39.  It is found that the 2008 RFP states that the proposer’s failure to request confidential treatment of material will be deemed to be a waiver of any right to confidentiality.  It is also found, however, that the 2008 contract with Infogroup requires Iowa to notify Infogroup upon receipt of a public records request for any records containing contents of the database in order to allow Infogroup the opportunity to protect AGAINST disclosure.
Bruce Flax and Harry Watson v. City Council; City of Groton; and City Council, City of Groton
     The Hearing Officer’s Report is amended by adding paragraph 2 to the order, as follows:
     2.  ALTHOUGH THE COMMISSION CONCLUDED THAT THE GATHERING AT ISSUE DID NOT CONSTITUTE A “MEETING” UNDER THE FOI ACT, THE COMMISSION NOTES THAT THE RESPONDENTS’ ACTIONS CREATED AN APPEARANCE THAT A MEETING MAY HAVE TAKEN PLACE TO THE DETRIMENT OF THE PUBLIC, AND ARE URGED TO AVOID SUCH APPEARANCES IN THE FUTURE.
Peter Torrano v. Shirley Mosby, as member, Board of Education, Norwalk Public Schools; and Board of Education Norwalk Public Schools
     Paragraph 16 of the Hearing Officer’s Report is corrected as follows:
     16.  At the hearing, the complainant contended that he was entitled to copies of all the public records in the notebook because such records were alleged to be proof of racial and ethnic discrimination.  According to the complainant, Mosby should be required to show her pRoof, not just talk about it.  Mosby contended, however, that the records in the notebook are not “public records” subject to disclosure under the FOI Act.
Nancy Chapman v. Shirley Mosby, as member, Board of Education, Norwalk Public Schools; and Board of Education Norwalk Public Schools
     Paragraph 15 of the Hearing Officer’s Report is corrected as follows:
     15.  At the hearing, the complainant contended that she was entitled to copies of all the public records in the notebook because such records were alleged to be proof of racial and ethnic discrimination.  According to the complainant, Mosby should be required to show her pRoof, not just talk about it.  Mosby contended, however, that the records in the notebook are not “public records” subject to disclosure under the FOI Act. 
PTO Council of Norwalk, Inc. v. Shirley Mosby, as member, Board of Education, Norwalk Public Schools; and Board of Education Norwalk Public Schools
     Paragraph 16 of the Hearing Officer’s Report is corrected as follows:
     16.  At the hearing, the complainant contended that he was entitled to review and/or obtain[ed] copies of all the public records in the notebook because such records were alleged to be proof of racial and ethnic discrimination.  According to the complainant, Mosby should be required to show her pRoof (if it exists), and not just talk about it.  Mosby contended, however, that the records in the notebook are not “public records” subject to disclosure under the FOI Act.