DATE:             December 8, 2016

A regular meeting of the Freedom of Information Commission was held on December 7, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:15 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Jay Shaw (participated via speakerphone)
             Commissioner Jonathan J. Einhorn
             Commissioner Christopher P. Hankins
             Commissioner Michael C. Daly
             Commissioner Lenny T. Winkler                                          
                                                                                                                                                                                                                    Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.

The Commissioners voted, 5-0, to approve Commission’s regular meeting minutes of November 16, 2016. Commissioner Einhorn did not participate in this matter.

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 2016-0043              Robert Hair v. Chief, Police Department, City of 
                                                 Bridgeport; and Police Department, City of Bridgeport
                         
Robert Hair participated via speakerphone. The Commissioners voted, 5-0, to amend the
Hearing Officer’s Report. The Commissioners voted, 5-0, to approve the Hearing Officer’s
Report as amended.* Commissioner Einhorn did not participate in this matter.

Docket #FIC 2016-0044              Omar Miller v. Commissioner, State of Connecticut, Department of

                                                  Correction; and State of Connecticut, Department of Correction

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.
Commissioner Einhorn did not participate in this matter.

Docket #FIC 2016-0075              Cordaryl Silva v. Gerald Narowski, Chief, Police 
                                                 Department, City of Derby; Police Department, City of 
                                                 Derby; and City of Derby

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
 Einhorn did not participate in this matter.   

            

Docket #FIC 2016-0317               Jan Gawlik v. Commissioner, State of Connecticut, Department of

                                                 Correction; and State of Connecticut, Department of Correction

Jan Gawlik participated via speakerphone. Attorney James Neil appeared on behalf of
the respondents. The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.
Commissioner Einhorn did not participate in this matter.

Docket #FIC 2014-183                 Adrienne DeLucca and the Berlin Education Association v. 
                                                  Superintendent of Schools, Berlin Public Schools; and Berlin
                                                  Public Schools

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report.
Commissioner Hankins recused himself from participating in the matter.  Commissioner Einhorn
did not participate in this matter.

Docket #FIC 2016-0052               Kenneth Krayeske v. James Rovella, Chief, Police 
                                                  Department, City of Hartford; Police Department, City of 
                                                  Hartford; and City of Hartford

Kenneth Krayeske appeared on his own behalf. The Commissioners voted, 5-0, to approve
the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.  The
proceedings were recorded digitally.              

Docket #FIC 2016-0099              John Matava v. Building Department, Town of Vernon; and
                                                  Town of Vernon

Attorney Martin Burke appeared on behalf of the respondents. The Commissioners
unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2016-0129              William Ramos v. Chief, Police Department, Town of 
                                                 Groton; Police Department, Town of Groton; and Town of 
                                                 Groton

Attorney James Clark appeared on behalf of the complainants. Attorney Michael Carey
appeared on behalf of the respondents. The Commissioners unanimously voted to approve the
Hearing Officer’s Report. The proceedings were recorded digitally.

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

Attorney Martin Burke appeared on behalf of the respondents. The Commissioners
unanimously voted to approve the Hearing Officer’s Report.

    
Docket #FIC 2016-0169              Harold Trent Butler v. Chief, Police Department,
                                                 Town of Hamden; Police Department, Town of 
                                                 Hamden; and Town of Hamden

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.
Commissioner Einhorn did not participate in this matter.

Docket #FIC 2016-0184              Halina Trelski v. President, State of Connecticut,
                                                 Middlesex Community College; and State of 
                                                 Connecticut, Middlesex Community College

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.
Commissioner Einhorn did not participate in this matter.               

Docket #FIC 2016-0240              Halina Trelski v. President, State of Connecticut, 
                                                 Middlesex Community College; and State of Connecticut, 
                                                 Middlesex Community College

The Commissioners voted, 5-0, to amend the Hearing Officer’s Report. The
Commissioners voted, 5-0, to approve the Hearing Officer’s Report as amended.* Commissioner
Einhorn did not participate in this matter.

Docket #FIC 2016-0226              Thomas Williams v. Chairman, Inland Wetlands 
                                                 Commission, Town of Litchfield; and Town of 
                                                 Litchfield

Thomas Williams appeared on his own behalf. The Commissioners unanimously voted
to approve the  Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2016-0291              Curtis Read v. Chairman, Board of Education, 
                                                 Regional School District #12; and Board of Education,
                                                 Regional School District #12

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.
Commissioner Einhorn did not participate in this matter.               

Docket #FIC 2016-0323              Paul Baer v. Gregg Lee, Chairman, Planning and
                                                 Zoning Commission, Town of Thompson; Planning 
                                                 and Zoning Commission, Town of Thompson; and 
                                                 Town of Thompson

Paul Baer appeared on his own behalf. The Commissioners voted, 5-1, to
approve the Hearing Officer’s Report. Commissioner Winkler voted against adoption. The
proceedings were recorded digitally.

Docket #FIC 2016-0337              Bettina Drew v. Commissioner, State of Connecticut,
                                                 Department of Emergency Services and Public 
                                                 Protection; and State of Connecticut, Department of 
                                                 Emergency Services and Public Protection

Allison Drew appeared on behalf of the complainant. The Commissioners unanimously
voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
               

Docket #FIC 2016-0367              Claudette Worth v. Treasurer, State of Connecticut, 
                                                 Office of the Treasurer; and State of Connecticut, 
                                                 Office of the Treasurer

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
Einhorn did not participate in this matter.               

Docket #FIC 2016-0374              Joseph Tallo v. Superintendent of Schools, Shelton
                                                 Public Schools; and Shelton Public Schools

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
Einhorn did not participate in this matter.
              

Docket #FIC 2016-0391              Gary Levine v. Chief, Police Department, City of Norwich; Police

                                                 Department, City of Norwich; and City of Norwich

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
Einhorn did not participate in this matter.              

Docket #FIC 2016-0392              Gary Levine v. Chief, Police Department, City of Norwich; Police

                                                 Department, City of Norwich; and City of Norwich

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
Einhorn did not participate in this matter.               

Docket #FIC 2016-0398              Gilbert Waugh v. Connecticut  Adjutant General, State of

                                                 Connecticut, Military Department; and State of Connecticut, Military

                                                 Department

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
Einhorn did not participate in this matter.               

Docket #FIC 2016-0438             Lauren Sievert, Mike Savino and the Meriden Record Journal v.

                                                Commissioner, State of Connecticut, Department of Emergency

                                                Services and Public Protection; and State of Connecticut, Department of

                                                Emergency Services and Public Protection

The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner
Einhorn did not participate in this matter.               

        Paula S. Pearlman reported on the New Britain Superior Court Memorandum of Decision dated December 2, 2016 in Ohan Karagozian v. Freedom of Information Commission, et al., Docket No. HHB-CV-16-6034438-S. 

         Victor R. Perpetua and Lisa F. Siegel reported on pending appeals.     

         Colleen M. Murphy noted that the next Commission meeting will be Jan. 11, 2017.

         The meeting was adjourned at 4:45 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 12072016/tah/12082016

                                                              AMENDMENTS

Docket #FIC 2016-0043              Robert Hair v. Chief, Police Department, City of 
                                                 Bridgeport; and Police Department, City of Bridgeport

The order in Hearing Officer’s Report is amended as follows:

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. [Forthwith] WITHIN 30 DAYS OF THE ISSUANCE OF THE FINAL DECISION,
the respondents shall provide the complainant with responsive records, free of charge.

             
Docket #FIC 2016-0240              Halina Trelski v. President, State of Connecticut, 
                                                 Middlesex Community College; and State of 
                                                 Connecticut, Middlesex Community College

The Hearing Officer’s Report is amended as follows:

15. Subsequent to the contested case hearing, the complainant filed multiple motions,
indicating that she had received some responsive records, but contending that she should have
received more responsive records.  In her motions, the complainant requested that the hearing officer
reopen the contested case hearing and issue subpoenas to various individuals at the respondent
[University] COLLEGE.  The complainant’s motions were denied.

18.  It is found that Mr. Kozlowski’s search for responsive records included both hard copy records maintained in paper files, and electronic records stored on the respondents’ computers and servers.  It is further found that Mr. Kozlowski enlisted the assistance of an assistant to the President to search for responsive hard copy and electronically stored records within the respondent [University] COLLEGE.  It is found that neither Mr. Kozlowski’s nor the assistant’s search efforts resulted in the unearthing of any responsive records.