TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of March 8, 2017
A regular meeting of the Freedom of Information Commission was held on March 8, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:17 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
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.
A regular meeting of the Freedom of Information Commission was held on March 8, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:17 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
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 Commission’s regular meeting minutes of February 22, 2017.
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 2016-0336 David Taylor v. Director, State of Connecticut, Correctional Managed
Health Care, University of Connecticut Health Center; and State of Connecticut, Correctional
Managed Health Care, University of Connecticut Health Center
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0386 Ryan Taylor v. Dean Esserman, Chief, Police Department,
City of New Haven; Police Department, City of New Haven; City of New
Haven; Commissioner, State of Connecticut, Department of Correction; and
State of Connecticut, Department of Correction
The Commissioners unanimously voted to approve the Second Hearing Officer’s Report.
Docket #FIC 2016-0449 John Kaminski v. Commissioner, State of Connecticut, Department of
Emergency Services and Public Protection; and State of Connecticut,
Department of Emergency Services and Public Protection
John Kaminski 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.
appeared on behalf of the respondents. The Commissioners unanimously voted to approve the
Hearing Officer’s Report.
Docket #FIC 2016-0530 John Kaminski 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 2016-0241 Halina Trelski v. Director, State of Connecticut, Connecticut State
Colleges and Universities; and State of Connecticut, Connecticut State
Colleges and Universities
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0283 David Slepian and the Connecticut Chapter of the National Academy of
Elder Law Attorneys v. Commissioner, State of Connecticut, Department of
Social Services; and State of Connecticut, Department of Social Services
Attorney Kristen Sweet appeared on behalf of the complainants. Assistant Attorney
General Tanya DeMattia appeared on behalf of the respondents. The Commissioners
voted, 3-0, to amend the Hearing Officer’s Report. The Commissioners voted, 3-0, to
approve the Hearing Officer’s Report as amended. * Commissioner Shaw did not participate in
this matter. The proceedings were recorded digitally.
General Tanya DeMattia appeared on behalf of the respondents. The Commissioners
voted, 3-0, to amend the Hearing Officer’s Report. The Commissioners voted, 3-0, to
approve the Hearing Officer’s Report as amended. * Commissioner Shaw did not participate in
this matter. The proceedings were recorded digitally.
Docket #FIC 2016-0302 James Torlai 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
James Torlai appeared on his own behalf. Assistant Attorney General James Caley,
Attorney Janet Ainsworth and Jennifer Koerlin appeared on behalf of the respondents. The
Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings
were recorded digitally.
Attorney Janet Ainsworth and Jennifer Koerlin appeared on behalf of the respondents. The
Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings
were recorded digitally.
Docket #FIC 2016-0443 James Torlai v. Chief, Police Department, City of New Britain; Police
Department, City of New Britain; and City of New Britain
The Commissioners tabled this matter.
The Commissioners tabled this matter.
Docket #FIC 2016-0313 Michael Aronow v. Attorney General, State of Connecticut, Office of the
Attorney General; and State of Connecticut, Office of the Attorney General
Michael Aronow appeared on his own behalf. Assistant General Attorney Antoria
Howard appeared on behalf of the respondents. The Commissioners voted, 3-0, to amend the
Hearing Officer’s Report. The Commissioners voted, 3-0, to approve the Hearing Officer’s
Report as amended. * Commissioner Shaw did not participate in this matter. The proceedings
were recorded digitally.
Howard appeared on behalf of the respondents. The Commissioners voted, 3-0, to amend the
Hearing Officer’s Report. The Commissioners voted, 3-0, to approve the Hearing Officer’s
Report as amended. * Commissioner Shaw did not participate in this matter. The proceedings
were recorded digitally.
Docket #FIC 2016-0322 Joseph Mingo v. Timothy Hagen, Chairman, Board of Education, East
Lyme Public Schools; and Board of Education, East Lyme Public Schools
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0360 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 2016-0477 Louise Czar 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 unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0478 Louise Czar 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 unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0397 Peter Prowda v. Commissioner, State of Connecticut, Department of
Education; and State of Connecticut, Department of Education
Assistant Attorney General Darren Cunningham appeared on behalf of the respondents.
The Commissioners voted, 3-0, to amend the Hearing Officer’s Report. The Commissioners
voted, 3-0, to approve the Hearing Officer’s Report as amended. * Commissioner Hankins
recused himself from the matter. The proceedings were recorded digitally.
The Commissioners voted, 3-0, to amend the Hearing Officer’s Report. The Commissioners
voted, 3-0, to approve the Hearing Officer’s Report as amended. * Commissioner Hankins
recused himself from the matter. The proceedings were recorded digitally.
Docket #FIC 2016-0647 Kevin Mathewson v. Chief, Police Department, City of Bridgeport; Police
Department, City of Bridgeport; and City of Bridgeport
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Correction; and State of Connecticut, Department of Correction
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Colleen M. Murphy reported on the New Britain Superior Court Memorandum of Decision in Bradshaw Smith vs. Freedom of Information Commission et al. dated February 22, 2017.
Victor R. Perpetua and Colleen M. Murphy reported on pending appeals.
Colleen M. Murphy reminded Commissioners that the annual FOI Conference will be held April 21 at the Riverhouse at Goodspeed Landing in East Haddam on April 21.
Paula S. Pearlman and Colleen M. Murphy reported on legislation.
Colleen M. Murphy reminded Commissioners that the annual FOI Conference will be held April 21 at the Riverhouse at Goodspeed Landing in East Haddam on April 21.
Paula S. Pearlman and Colleen M. Murphy reported on legislation.
The meeting was adjourned at 3:55 p.m.
______________
Thomas A. Hennick
MINREGmeeting 03082017/tah/03092017
Thomas A. Hennick
MINREGmeeting 03082017/tah/03092017
AMENDMENTS
Docket #FIC 2016-0283 David Slepian and the Connecticut Chapter of the National Academy of
Docket #FIC 2016-0283 David Slepian and the Connecticut Chapter of the National Academy of
Elder Law Attorneys v. Commissioner, State of Connecticut, Department of
Social Services; and State of Connecticut, Department of Social
Services
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. The respondents shall provide the complainants with ELECTRONIC copies of the requested records, once redacted [, free of charge]. The respondents shall produce the redacted records to the complainants on a rolling basis, making a production to the complainants every other week, until all the requested records have been disclosed. THE RESPONDENTS SHALL HAVE ALL RECORDS DISCLOSED TO THE COMPLAINANTS WITHIN ONE YEAR. IN ADDITION, THE RESPODNENTS SHALL REPORT TO THE COMISSION IN WRITING ON THE STATUS OF DISCLOSURE AFTER SIX MONTHS.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondents shall provide the complainants with ELECTRONIC copies of the requested records, once redacted [, free of charge]. The respondents shall produce the redacted records to the complainants on a rolling basis, making a production to the complainants every other week, until all the requested records have been disclosed. THE RESPONDENTS SHALL HAVE ALL RECORDS DISCLOSED TO THE COMPLAINANTS WITHIN ONE YEAR. IN ADDITION, THE RESPODNENTS SHALL REPORT TO THE COMISSION IN WRITING ON THE STATUS OF DISCLOSURE AFTER SIX MONTHS.
Docket #FIC 2016-0313 Michael Aronow v. Attorney General, State of Connecticut, Office of the
Attorney General; and State of Connecticut, Office of the Attorney General
The Hearing Officer’s Report is amended as follows:
4. It is found that at the time of the complainant’s August 2013 filing, described in paragraph
3, above, there were ongoing proceedings at the Office of Public Hearings (“OPH”) involving a whistleblower retaliation complaint filed by the complainant against the University of Connecticut Health Center. It is also found that the complainant was involved in ongoing litigation against the Freedom of Information (“FOI”) Commission concerning a final decision issued by the Commission. In addition, it is found that the respondents represented the [complainant] UNIVERSITY OF CONNECTICUT HEALTH CENTER in the OPH and FOI matters.
3, above, there were ongoing proceedings at the Office of Public Hearings (“OPH”) involving a whistleblower retaliation complaint filed by the complainant against the University of Connecticut Health Center. It is also found that the complainant was involved in ongoing litigation against the Freedom of Information (“FOI”) Commission concerning a final decision issued by the Commission. In addition, it is found that the respondents represented the [complainant] UNIVERSITY OF CONNECTICUT HEALTH CENTER in the OPH and FOI matters.
Docket #FIC 2016-0397 Peter Prowda v. Commissioner, State of Connecticut, Department of
Education; and State of Connecticut, Department of Education
The Hearing Officer’s Report is amended as follows:
16. It is found that the enrollment data requested by the complainant are “education records,”
within the meaning of FERPA. The respondents claim that some of the data contains PII, pursuant to
the definition PII in subsection [(g)] (f) of 34 CFR §99.3 (see paragraph 15, above.)
within the meaning of FERPA. The respondents claim that some of the data contains PII, pursuant to
the definition PII in subsection [(g)] (f) of 34 CFR §99.3 (see paragraph 15, above.)
28. It is found that the complainant’s requested records are basic school and school district
enrollment counts at grade level. It is found that these data have been released in this manner for
many years to the complainant and to other members of the public without complaint[, and it is
found that there is a substantial time delay between data collection and publication of the requested
records].
enrollment counts at grade level. It is found that these data have been released in this manner for
many years to the complainant and to other members of the public without complaint[, and it is
found that there is a substantial time delay between data collection and publication of the requested
records].