A regular meeting of the Freedom of Information Commission was held on February 22, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:05 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Jay Shaw (participated via speakerphone)
             Commissioner Jonathan J. Einhorn
             Commissioner Matthew Streeter
             Commissioner Christopher Hankins
             Commissioner Michael Daly
             Commissioner Lenny T. Winkler
                                                                                                                                                                                                                                                           Also present were staff members, Colleen M. Murphy, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Paula S. Pearlman, Cindy Cannata, and Mary E. Schwind.

The Commissioners voted (4-0) to approve the Commission’s regular meeting minutes of February 8, 2017.  Commissioners Streeter, Hankins, and Daly abstained.

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.
             
Docket #FIC2016-0236       Omar Parra, Jr. v. Chief, Police Department, City of Stamford; Police

                                         Department, City of Stamford; City of Stamford; Commissioner, State of

                                         Connecticut, Department of Emergency Services and Public Protection; and

                                         State of Connecticut, Department of Emergency Services and Public Protection

Omar Parra, Jr., appeared on his own behalf and participated via speakerphone.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally.

Docket #FIC2016-0280       Daquan Holmes v. Louis Fusaro, Sr., Chief, Police Department, City of

                                         Norwich; Police Department, City of Norwich; and City of Norwich

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

Docket #FIC2016-0299       Alazaron Sargeant v. Chief, Police Department, Town of West Haven;

                                         Police Department, Town of West Haven; and Town of West Haven 

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

Docket #FIC2016-0413       Maleek Jones v. Commissioner, State of Connecticut, Department of

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

Maleek Jones appeared on his own behalf and participated via speakerphone.  Assistant Attorney General James Caley appeared on behalf of the respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally.

Docket #FIC2016-0191       Virginia Brown v. Comptroller, State of Connecticut, Office of the

                                         Comptroller; and State of Connecticut, Office of the Comptroller

Virginia Brown appeared on her own behalf.  Assistant Attorney General Ann Lynch appeared on behalf of the respondents.  The Commissioners unanimously voted to allow the parties to file briefs by Friday, February 24, 2017, and to convene a special meeting to consider the Hearing Officer’s Report in this matter.   The proceedings were recorded digitally.

Docket #FIC2016-0204       Geoffrey Akers v. President, State of Connecticut, University of

                                         Connecticut; and State of Connecticut, University of Connecticut

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.* 

Docket #FIC2016-0209       Mark Dumas and the Connecticut State Police Union 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  

Mark Dumas appeared on behalf of the complainants.  Assistant Attorney General Terrence O’Neill 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.* 

Docket #FIC2016-0232       David Stratton and the University of New Haven Police  Police Union v.

                                         Chief, Police Department University of New Haven; and Police Department, University of New Haven  

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

Docket #FIC2016-0393       Gary Levine 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.

  
Docket #FIC2016-0437       Steven Colarossi v. Superintendent of Schools, Norwalk Public Schools;

                                         and Norwalk Public Schools

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

Docket #FIC2016-0457       Eric Handel v. First Selectman, Town of Portland; Town of Portland;

                                         Superintendent of Schools, Portland Public Schools; and Portland Public Schools

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

Docket #FIC2016-0458       Eric Handel v. First Selectman, Town of Portland; and Town of Portland 

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

Docket #FIC2016-0564       Maritza Rosado Mercado v. Labor Relations/Information Specialist, Office

                                         of Labor Relations, Board of Education, Hartford Public Schools; and Board of Education, Hartford Public Schools

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.* 

Docket #FIC 2016-0504     Eric Cotton and the Meriden Record Journal v. Chief,  Police Department,

                                        City of Meriden; and Police Department, City of Meriden

Eric Cotton appeared on behalf of the complainants.  The Commissioners voted 6-0 to reopen this matter and to consolidate it for hearing with Docket #FIC2016-0824; Marisa Bellair v. Chief, Police Department, City of Meriden; Police Department, City of Meriden; and City of Meriden.  Commissioner Hankins recused himself from participating in this matter.

The Commission unanimously voted to approve the Executive Director’s Decision Not to Schedule in Docket #FIC2016-0208; Wolfgang Halbig v. Chief, Police Department, Town of Newtown; Police Department, Town of Newtown; and Town of Newtown and Docket #FIC2016-0559; Wolfgang Halbig v. Chairman, Board of Education, Newtown Public Schools; and Board of Education, Newtown Public Schools.   The proceedings were recorded digitally.

Victor R. Perpetua reported on pending appeals. 
      
        
 Colleen M. Murphy reported on legislation and the Governor’s 2017 budget proposal.

       
The meeting was adjourned at 4:10 p.m.

                                                       

______________                         

Mary E. Schwind
MINREGmeeting 02222017/mes/02242017

*   See Attached for Amendments

AMENDMENTS

Docket #FIC2016-0204       Geoffrey Akers v. President, State of Connecticut, University of

                                         Connecticut; and State of Connecticut, University of Connecticut

Paragraph 15 of the Hearing Officer’s Report is amended as follows:
15.    Additionally, §1-210(b)(17), G.S., [provides that] EXEMPTS “[e]ducational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g.”

     Paragraph 17 of the Hearing Officer’s Report is amended as follows:

      17.  It is concluded that the respondents did not violate[d] the FOI Act as alleged by the complainant.

Docket #FIC2016-0209       Mark Dumas and the Connecticut State Police Union 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 Hearing Officer’s Report is amended by adding Paragraph 5 to the order as follows:
5.    IN COMPLYING WITH ORDERS 1-3, ABOVE, THE RESPONDENTS MAY REDACT DRIVERS’ LICENCES NUMBERS AND EMPLOYEE IDENTICATION NUMBERS.

Docket #FIC2016-0564       Maritza Rosado Mercado v. Labor Relations/Information Specialist, Office of Labor Relations, Board of Education, Hartford Public Schools; and Board of Education, Hartford Public Schools

The introductory paragraph in the Hearing Officer’s Report is amended as follows:

The above-captioned matter was heard as a contested case on January 17, 2017 at which time the respondents appeared but the complainant failed to appear.   BY LETTER TO THE COMMISSION DATED FEBRUARY 7, 2017, THE COMPLAINANT WITHDREW THE COMPLAINT.

 Paragraph 1 of the order in the Hearing Officer’s Report is amended as follows:

1. The complaint is dismissed [for failure to prosecute].