Thank you to everyone who attended the FOI Conference. If you missed it, watch the replay here

Minutes 10/26/2016

TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of October 26, 2016

DATE: October 26 2016

A regular meeting of the Freedom of Information Commission was held on October 26, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:20 p.m. with the following Commissioners present:

Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Christopher P. Hankins
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Commissioner Sean McElligott
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 amend the minutes of the Commission’s regular meeting of October 13, 2016. The Commissioners unanimously voted to approve the minutes as amended.

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.

Docket #FIC 2016-0095 Robert Salatto v. Thomas Wydra, Chief, Police Department, Town of Hamden; Police Department, Town of Hamden; and Town of Hamden

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0105 David Miller v. Vernon Riddick, Chief, Police Department, City of
Waterbury; Police Department, City of Waterbury; Neil O'Leary,
Mayor, City of Waterbury; City of Waterbury; Scott Semple,

Commissioner, State of Connecticut, Department of Correction; and

State of Connecticut, Department of Correction

David Miller participated via speakerphone. Attorney Kevin Daly appeared on behalf
of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s
Report. The proceedings were recorded digitally.

Docket #FIC 2016-0141 Shawn Crocker v. Scott Semple, 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 2015-786 Wolfgang Halbig v. Commissioner, State of Connecticut,
Department of Emergency Services and Public Protection; and
State of Connecticut, Department of Emergency Services and
Public Protection

Attorney L. Kay Wilson appeared on behalf of the complainant. Assistant Attorney
General Steven Barry appeared on behalf of the respondents. The Commissioners voted, 5-0, to
approve the Hearing Officer’s Report. Commissioner McElligott abstained. The proceedings were
recorded digitally.

Docket #FIC 2015-829 Torrey Townsend v. Chief, Fire Department, City of New
Haven; and Fire Department, City of New Haven

Torrey Townsend appeared on her own behalf. Attorney Kathleen Foster appeared on
behalf of the respondents. The Commissioners unanimously voted to approve the Hearing
Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2016-0565 Torrey Townsend v. Personnel Director, City of New
Haven; and City of New Haven

Torrey Townsend appeared on her own behalf. Attorney Kathleen Foster appeared on
behalf of the respondents. The Commissioners unanimously voted to reopen the matter and return
it to the Hearing Officer for a hearing. The proceedings were recorded digitally.

Docket #FIC 2016-0566 Torrey Townsend v. Personnel Director, City of New
Haven; and City of New Haven

Docket #FIC 2015-880 Craig Minor v. Mayor, City of Bristol; and City of Bristol

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0118 Virginia Brown v. Kevin Lembo, Comptroller, Office of the
Comptroller, State of Connecticut; and Office of the Comptroller,
State of Connecticut

The Commissioners tabled the matter.

Docket #FIC 2016-0149 Michael Winkler v. Chairman, Planning and Zoning
Commission, Town of Vernon; Planning and Zoning
Commission, Town of Vernon; and Town of Vernon

The Commissioners tabled the matter.

Docket #FIC 2016-0159 Ian Macmillan v. Chairman, Harbor Commission, Town
of Greenwich; Harbor Commission, Town of Greenwich;
and Town of Greenwich

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0162 Lester Freundlich v. Superintendent of Schools, Stamford Public

Schools; President, Board of Education, Stamford Public Schools; and

Board of Education, Stamford Public Schools

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0168 Michael Picard v. Dora Schriro, Commissioner, 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 approve the Hearing Officer’s Report.

Docket #FIC 2016-0171 Mary Hardy v. Gena Glickman, President, State of Connecticut,

Manchester Community College; and State of Connecticut,

Manchester Community College.

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0334 Mary Hardy v. Gena Glickman, President, State

of Connecticut, Manchester Community College; and State of

Connecticut, Manchester Community College

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0194 Louise Czar v. Edward Brown, President, Bantam

Fire Company; and Bantam Fire Company

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0201 Miguel Pittman v. Chief, Police Department, City of New Haven;

Police Department, City of New Haven; and City of New Haven

Miguel Pittman appeared on his own behalf. Attorney Kathleen Foster appeared on
behalf of the respondents. The Commissioners unanimously voted to approve the Hearing
Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2016-0210 Robert Howell v. State of Connecticut, Office of the
Chief State's Attorney, Division of Criminal Justice;
Commissioner, State of Connecticut, Department of
Labor; and State of Connecticut, Department of Labor

Robert Howell appeared on his own behalf. Assistant Attorney General Krista
O’Brien appeared on behalf of the respondents. The Commissioners unanimously voted to
amend the Hearing Officer’s Report. The Commissioners voted, 5-0, to approve the
Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner
arry recused himself from the matter.

Docket #FIC 2016-0223 Cherlyn Poindexter and the New Haven Management
and Professional Union v. Toni Harp, Mayor, City of New
Haven; Marcus Paca, Labor Relations Department, City of New
Haven; Matthew Nemerson, Economic Development Director;
City of New Haven; and City of New Haven

The Commissioners tabled the matter.

Victor R. Perpetua reported on pending appeals.

Colleen M. Murphy introduced Lateisha Rainey, the agency’s new Human Resources Specialist.

Colleen M. Murphy reported that she and the directors of the state Ethics and Elections Enforcement commissions had met with Governor Malloy to continue discussions about further solidifying the commission’s budgetary independence.

The meeting was adjourned at 3:55 p.m.

______________
Thomas A. Hennick
MINREGmeeting 10262016/tah/10272016

AMENDMENTS

Docket #FIC 2016-0210 Robert Howell v. State of Connecticut, Office of the

Chief State's Attorney, Division of Criminal Justice;
Commissioner, State of Connecticut, Department of
Labor; and State of Connecticut, Department of Labor

The Hearing Officer’s Report is amended as follows:

16. Based upon the plain language of §31-254, G.S., it is concluded that the respondents may not publish or disclose information obtained from an employer to the public if such publication or disclosure would reveal the identities of an employee or employer. Conversely, it is concluded that §31-254, G.S., permits publication or disclosure of such information if such publication or disclosure is made in a manner that does not reveal the identities of an employee or employer. [Such interpretation is consistent with the federal government’s directive to the states seeking federal funding for administration of their state UC programs, to keep confidential the “name or any identifying particular about any individual or any past or present employing unit,” and [information] which could foreseeably be combined with other publicly available information to reveal any such particulars.” See 42 U.S.C. §503(a) [Section 303 of the Social Security Act]; and 20 CFR §603.4(b).]
19. Accordingly, it is concluded that the respondents did not violate §§1-210(a) and 1-212(a), G.S., by failing to comply with the requests, described in paragraphs 3 and 6, above. It is further concluded, based upon the [foregoing] PARTICULAR FACTS AND CIRCUMSTANCES OF THIS CASE, AS SET FORTH IN PARAGRAPH 18, ABOVE, that the Commission need not consider the respondents’ claim that the requested records are entirely exempt from disclosure under federal law.