TO: Freedom of Information Commission
FROM: Mary E. Schwind
RE: Minutes of the Commission’s regular meeting of September 14, 2016
DATE: September 19, 2016
A regular meeting of the Freedom of Information Commission was held on September 14, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:19 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Jonathan Einhorn
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of August 24, 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.
remarks made at its meetings, but will do so upon request.
Docket #FIC 2015-756 Jason Goode v. Commsisioner, State of Connecticut,
Department of Correction; and State of Connecticut,
Department of Correction
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Department of Correction
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2015-791 Tyrone Pierce v. Commissioner, State of Connecticut,
Department of Emergency Services and Public
Protection; and State of Connecticut, Department
Emergency Services and Public Protection
Tyrone Pierce participated via speakerphone. Assistant Attorney General Steven Barry appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2015-882 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 approve the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2015-883 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.
Docket #FIC 2014-171 Marissa Lowthert v. Bruce Likly, Chairman, Board of
Education, Wilton Public Schools; and Board of Education,
Wilton Public Schools
Marissa Lowthert appeared on her own behalf. Attorney Jessica Richman Smith appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2014-246 Marissa Lowthert v. Chairman, Board of Education, Wilton Public
Schools; and Board of Education, Wilton Public Schools
Marissa Lowthert appeared on her own behalf. Attorney Jessica Richman Smith appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2014-416 Marissa Lowthert v. Bruce Likly, Chairman, Board of
Education, Wilton Public Schools; and Board of Education, Wilton
Public Schools
Marissa Lowthert appeared on her own behalf. Attorney Jessica Richman Smith appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2015-640 Susan McCall v. William Brennan, First Selectman, Town
of Wilton; Bruce Hampson, Chairman, Miller-Driscoll
Building Committee; Karen Birck, Chair, Miller-Driscoll
Building Committee; Kevin Smith, Superintendent of
Schools, Wilton Public Schools; Wilton Public Schools;
and Town of Wilton
Building Committee; Kevin Smith, Superintendent of
Schools, Wilton Public Schools; Wilton Public Schools;
and Town of Wilton
Susan McCall appeared on her own behalf. Attorney Jessica Richman Smith appeared on behalf of the Board of Education respondents. Attorney Patricia Sullivan appeared on behalf of the Town of Wilton. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2015-855 Noelle Bates v. Director, Personnel Department, City of
Bristol; Personnel Department, City of Bristol; and City
of Bristol
of Bristol
Attorney Daniel Murphy appeared on behalf of the respondents. The Commissioners unanimously voted to table the matter. The proceedings were digitally recorded.
Craig Minor appeared on his own behalf. Attorney Valerie Ferdon appeared on behalf of the respondents. The Commissioners unanimously voted to table the matter. The proceedings were digitally recorded.
Docket #FIC 2016-0041 Priscilla Dickman v. FOI Administrator, State of Connecticut,
University of Connecticut Health Center; and State of
Connecticut, University of Connecticut Health Center
The Commissioners voted 4-0 to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.
Docket #FIC 2016-0066 Dan Brechlin and the Meriden Record Journal v. City Council,
City of Meriden; and City of Meriden
City of Meriden; and City of Meriden
Eric Cotton appeared on behalf of the complainants. Attorney Deborah Moore
appeared on behalf of the respondents. The Commissioners voted 3-0 to table the matter. Commissioner Hankins recused himself from participating in this matter. Commissioner Einhorn did not participate in this matter. The proceedings were digitally recorded.
Docket #FIC 2016-0071 Ethan Fry and the Valley Independent Sentinel v. Commissioner,
State of Connecticut, Department of Emergency Services and
Public Protection; and State of Connecticut, Department of
Emergency Services and Public Protection
State of Connecticut, Department of Emergency Services and
Public Protection; and State of Connecticut, Department of
Emergency Services and Public Protection
The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Docket #FIC 2016-0076 Nancy Rice v. Chairman, Conservation Advisory Council;
Conservation Advisory Council; Commissioner, State of
Connecticut, Department of Energy and Environmental Protection;
and State of Connecticut, Department of Energy and
Environmental Protection
Nancy Rice appeared on her own behalf. Assistant Attorney General Melinda Decker appeared on behalf of the respondent Department. The Commissioners voted 4-0 to amend the Hearing Officer’s Report. The Commissioners voted 4-0 to adopt the Hearing Officer’s Report as amended.* Commissioner Einhorn did not participate in this matter.
No action was taken on the following matters: Consideration of Notice of Decision
Not to Schedule in David Godbout v. Chair, Water and Sewer Commission, Town of East
Lyme; Water and Sewer Commission, Town of East Lyme; and Town of East Lyme,
Docket # FIC 2016-0004; Consideration of Notice of Decision Not to Schedule in David
Godbout v. Chair, Water and Sewer Commission, Town of East Lyme; Water and Sewer
Commission, Town of East Lyme; and Town of East Lyme, Docket # FIC 2016-0070;
Consideration of Notice of Decision Not to Schedule in David Godbout v. Chair, Water
and Sewer Commission, Town of East Lyme; Water and Sewer Commission, Town of
East Lyme; and Town of East Lyme, Docket # FIC 2016-0072; Consideration of Notice
of Decision Not to Schedule in David Godbout v. Commissioners, Water and Sewer
Commission, Town of East Lyme; Clerk, Water and Sewer Commission, Town of East
Lyme; Clerk, Town of East Lyme; and Town of East Lyme, Docket # FIC 2016-0183;
Consideration of Notice of Decision Not to Schedule in David Godbout v. Chair, Water
and Sewer Commission, Town of East Lyme; Water and Sewer Commission, Town of
East Lyme; and Town of East Lyme, Docket # FIC 2016-0216; Consideration of Notice of
Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
and Connecticut General Assembly, Docket # FIC 2016-0122; Consideration of Notice of
Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
and Connecticut General Assembly, Docket # FIC 2016-0124; Consideration of Notice of
Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly,
and Connecticut General Assembly, Docket # FIC 2016-0125; Consideration of Notice of
Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
and Connecticut General Assembly, Docket # FIC 2016-0126; Consideration of Notice of
Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
and Connecticut General Assembly, Docket # FIC 2016-0127; Consideration of Notice
of Decision Not to Schedule in David Godbout v. Chair, State of Connecticut, Freedom of
Information Commission; and State of Connecticut, Freedom of Information
Commission, Docket # FIC 2016-0133; Consideration of Notice of Decision Not to
Schedule in David Godbout v. Chair, State of Connecticut, Freedom of Information
Commission; and State of Connecticut, Freedom of Information Commission, Docket #
FIC 2016-0138; Consideration of Notice of Decision Not to Schedule in David Godbout
v. Chair, State of Connecticut, Freedom of Information Commission; and State of
Connecticut, Freedom of Information Commission, Docket # FIC 2016-0143;
Consideration of Notice of Decision Not to Schedule in David Godbout v. State's
Attorney, Office of the New Britain State's Attorney; and Office of the New Britain
State's Attorney, Docket # FIC 2015-271; and Consideration of Notice of Decision Not to
Schedule in David Godbout 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, Docket # FIC 2016-0278. Colleen Murphy reported that all such matters
had been withdrawn by the complainant the previous week. The proceedings were
digitally recorded.
The Commissioners unanimously voted to assign staff to prepare a Proposed Final
Decision in Docket #FIC 2016-0100; Darrell Stancuna v. Commissioner, State of
Connecticut, Department of Correction; and State of Connecticut, Department of
Correction.
The Commissioners did not consider items 19-23 on the agenda due to the lateness of the hour.
The meeting was adjourned at 5:50 p.m.
______________
Mary E. Schwind
MINREGmeeting 09142016/mes/09192016
* See attached for Amendments
AMENDMENTS
Docket #FIC 2016-0071 Ethan Fry and the Valley Independent Sentinel v. Commissioner,
State of Connecticut, Department of Emergency Services and
Public Protection; and State of Connecticut, Department of
Emergency Services and Public Protection
The Hearing Officer’s Report is amended by adding the following order.
1. THE COMPLAINT IS HEREBY DISMISSED.
Docket #FIC 2016-0076 Nancy Rice v. Chairman, Conservation Advisory Council;
Conservation Advisory Council; Commissioner, State of
Connecticut, Department of Energy and Environmental
Protection; and State of Connecticut, Department of Energy and
Environmental Protection
Conservation Advisory Council; Commissioner, State of
Connecticut, Department of Energy and Environmental
Protection; and State of Connecticut, Department of Energy and
Environmental Protection
Paragraph 9 is amended as follows:
9. Finally, it is found that the CAC holds its monthly meetings at DEEP’s headquarters in Hartford. It is found that, at the CAC’s February 2016 monthly meeting, when the complainant entered the meeting and took a seat, some of the CAC members informed her that she [had to leave] DID NOT HAVE A RIGHT TO ATTEND THE MEETING, as the meeting in progress was a “private” meeting; however, it is found that the DEEP officials, who were present at the meeting, corrected the CAC members, informing them that this was a public meeting and, as such, the complainant had the right to attend.
Paragraph 2 of the order is amended as follows:
2. The CAC respondents shall promptly provide the complainant with a copy of their
December 2015 meeting minutes free of charge, and with access to all their other meeting
minutes TO THE EXTENT THAT SUCH MINUTES EXIST.
December 2015 meeting minutes free of charge, and with access to all their other meeting
minutes TO THE EXTENT THAT SUCH MINUTES EXIST.