TO:      Freedom of Information Commission

FROM:  Mary E. Schwind

RE:      Minutes of the Commission’s regular meeting of June 28, 2017

A regular meeting of the Freedom of Information Commission was held on June 28, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:07 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 P. Hankins
             Commissioner Lenny T. Winkler         

                                                                                                                                                                                                                                                                                    Also present were staff members Colleen M. Murphy, Victor R. Perpetua, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Tracie C. Brown, and Mary E. Schwind.

The Commissioners voted, 4-0, to approve the Commission’s regular meeting minutes of June 14, 2017.  Commissioner Streeter abstained.  Commissioner Einhorn did not participate. 
       
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 2016-0573    David Osuch 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 2016-0578    David Osuch v. Timothy Carey, Environmental Analyst III, State of Connecticut, Department of Correction; State of Connecticut, Department of Correction; Rebecca Cutler, Environmental Analyst  II, State of Connecticut, Department of Administrative Services; and State of Connecticut, Department of Administrative Services
                                                          
The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.  Commissioner Einhorn did not participate in this matter. 

Docket #FIC 2016-0579    David Osuch 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 2016-0598    David Osuch 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 2016-0748     Donald Raynor v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

Donald Raynor participated via speakerphone.  Attorney Nicole Anker appeared on behalf of the Department of Correction respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were recorded digitally.
        
          
Docket #FIC 2015-606    Nicholas Romitti 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
                                            

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

Docket #FIC 2016-0497    The Connecticut Campaign for Consumer Choice v. Commissioner, State of Connecticut, Department of Insurance; and State of Connecticut, Department of Insurance           
                                                                  
Attorney Simon Allentuch appeared on behalf of the complainant.  Assistant Attorney General John Langmaid 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.*   The Commissioners unanimously voted to grant the respondents’ Motion for Stay until such time as the Superior Court rules on a motion to stay should the matter be  appealed.   The proceedings were recorded digitally.

                
Docket #FIC 2016-0638    Kevin Kelly v. Commissioner, State of Connecticut, Department of Insurance; and State of Connecticut, Department of Insurance   
      
Attorney James Rocco appeared on behalf of the complainant.  Assistant Attorney General John Langmaid appeared on behalf of the respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The Commissioners unanimously voted to grant the respondents’ Motion for Stay until such  time as the Superior Court rules on a motion to stay should the matter be appealed.   The proceedings were recorded digitally.    

                 
Docket #FIC 2016-0640    Michael Festa v. Chief, Police Department, Town of Watertown; Police Department, Town of Watertown; and Town of Watertown

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

Docket #FIC 2016-0715    Joseph Zawawi and the Connecticut Education Association v. Elaine Stancliffe, Executive Director, Odyssey Charter School; and Odyssey Charter School 

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

Docket #FIC 2016-0828    Richard Groski v. Chairman, Housing Authority, Town  of Brookfield; and Housing Authority, Town of  Brookfield
                                                                   
The Commissioners voted, 5-0, to approve the Hearing Officer’s Report.  Commissioner Einhorn did not participate in this matter.  

Docket #FIC 2016-0889    Richard Groski v. Chairman, Housing Authority, Town of Brookfield; and Housing Authority, Town of Brookfield

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

Docket #FIC 2016-0854    Michele McEwen v. Chairman, Oxford Ambulance  Association; and Oxford Ambulance Association    
                                                                                    
 The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.  

Docket #FIC 2016-0891    Claire Howard v. Chief Executive Officer, Bristol Housing Authority, and Bristol Housing Authority  
                           
The Commissioners voted, 5-0, to approve the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter. 

The Commisioners unanimously voted to approve the Notice of Decision Not to Schedule in Wolfgang Halbig v. Commissioner, State of Connecticut, Department of  Energy and Environmental Protection; and State of Connecticut, Department of Energy and Environmental Protection, Docket # FIC 2016-542.

The Commisioners unanimously voted to approve the Notice of Decision Not to Schedule in 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, Docket # FIC 2016-560.

The Commisioners unanimously voted to approve the Notice of Decision Not to Schedule in 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, Docket # FIC 2016-615.

The Commisioners unanimously voted to approve the Notice of Decision Not to Schedule in 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, Docket # FIC 2016-620.

Victor R. Perpetua reported on pending appeals.
                
Colleen Murphy reported that Commissioners Einhorn and Hankins have been reappointed to the Commission for new terms. 

Paula Pearlman and Colleen Murphy reported on legislation.

The meeting was adjourned at 3:50 p.m.

                                                        ______________                         
Mary E. Schwind 
MINREGmeeting 06282017/mes/06302017

*  See attached for Amendments

                                          AMENDMENTS
              
               
Docket #FIC 2015-606    Nicholas Romitti 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
                                               

Paragraph 24 of the Hearing Officer’s Report is amended as follows:

24.  It is further found that, at the time of the December 10, 2015 contested case hearing, the investigatory report was not completed and that the records submitted for in camera inspection were all part of one incomplete, preliminary draft, within the meaning of §1-210(b)(1), G.S.  It is further found that the respondents determined that the public interest in withholding the draft report clearly outweighed the public interest in disclosure.  Finally, it is found that, AT THE TIME OF THE INITIAL REQUEST IN THIS MATTER, the draft report WAS AN [is not interagency or] intra-agency [memoranda, letters, advisory opinions, recommendations or reports] REPORT, within the meaning of §1-210(e)(1), G.S.; HOWEVER, IT WAS ALSO SUBJECT TO REVISION PRIOR TO SUBMISSION TO OR DISCUSSION AMONG THE MEMBERS OF THE RESPONDENT DEPARTMENT, WITHIN THE MEANING OF SUCH PROVISION.  THEREFORE, THE REPORT WAS EXEMPT FROM DISCLOSURE AT SUCH TIME, PURSUANT TO §§1-210(b)(1) and (e)(1), G.S.

Docket #FIC 2016-0497    The Connecticut Campaign for Consumer Choice v. Commissioner, State of Connecticut, Department of Insurance; and State of Connecticut, Department of  Insurance           
                                                                  

Paragraph 66 of the Hearing Officer’s Report is amended as follows:

66.  After consideration of the entire record in this case, the Commission in its
discretion imposes against the respondent commissioner a civil penalty in the amount of $500 [$1000].

Paragraph 4 of the Order of the Hearing Officer’s Report is amended as follows:

           4.   Within 45 days of the notice of final decision in this matter, the respondent commissioner shall remit to the Commission a civil penalty in the amount of $500 [$1000].