TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of September 27, 2017
A regular meeting of the Freedom of Information Commission was held on September 27, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:11 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
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
Also present were staff members, Mary E. Schwind, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
A regular meeting of the Freedom of Information Commission was held on September 27, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:11 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
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
Also present were staff members, Mary E. Schwind, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners voted, 5-0, to approve the Commission’s regular meeting minutes of September 13, 2017. Commissioner Hankins abstained.
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 2016-0740 David Taylor v. Commissioner, State of Connecticut, Department of Public Health; State of Connecticut, Department of Public Health; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
Docket #FIC 2016-0740 David Taylor v. Commissioner, State of Connecticut, Department of Public Health; State of Connecticut, Department of Public Health; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2017-0069 David Taylor v. Commissioner, State of Connecticut, Department of Public Health; State of Connecticut, Department of Public Health; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0761 Julio Burgos Torres v. Vernon Riddick, Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; City of Waterbury; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0859 Christopher Shuckra v. Chief, Police Department, City of New Britain; and Police Department, City of New Britain
Christopher Shuckra participated via speakerphone. The Commissioners unanimously voted
to reopen the matter and return it to the Hearing Officer for a hearing.
to reopen the matter and return it to the Hearing Officer for a hearing.
Docket #FIC 2016-0757 Ray Rossomando and the Connecticut Education Association v. Commissioner, State of Connecticut, Department of Education; and State of Connecticut, Department of Education
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner
Hankins abstained.
Hankins abstained.
Docket #FIC 2016-0820 Michael Aronow v. Executive Director, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0865 Charles Graeber and Ross Tuttle v. Chief, Police Department,City of New Haven; Police Department, City of New Haven; Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Office of the Chief State's Attorney
Diana Lee and Catherine Martinez appeared on behalf of the complainants. Attorney
Kathleen Foster appeared on behalf of the City of New Haven. Assistant Attorney General Stephen
Sarnoski appeared on behalf of the respondent state agencies. The Commissioners unanimously voted
to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Kathleen Foster appeared on behalf of the City of New Haven. Assistant Attorney General Stephen
Sarnoski appeared on behalf of the respondent state agencies. The Commissioners unanimously voted
to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2017-0023 James Spear v. President, Oxford Ambulance Association; and Oxford Ambulance Association
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2017-0070 David Desroches and WNPR v. Chief, Police Department, Town of Greenwich; Police Department, Town of Greenwich; and Town of Greenwich
Docket #FIC 2017-0070 David Desroches and WNPR v. Chief, Police Department, Town of Greenwich; Police Department, Town of Greenwich; and Town of Greenwich
Attorney Daniel Klau appeared on behalf of the complainants. Attorney Valerie Maze
Keeney appeared on behalf of the respondents. The Commissioners unanimously voted
to amend the Hearing Officer’s Report. The Commissioners voted, 5-1, to adopt the
Hearing Officer’s Report as amended.* Commissioner Hankins voted against adoption. The
proceedings were recorded digitally.
Keeney appeared on behalf of the respondents. The Commissioners unanimously voted
to amend the Hearing Officer’s Report. The Commissioners voted, 5-1, to adopt the
Hearing Officer’s Report as amended.* Commissioner Hankins voted against adoption. The
proceedings were recorded digitally.
Docket #FIC 2017-0156 Vinny Vella, and the Hartford Courant v. President, State of Connecticut, University of Connecticut; and State of Connecticut, University of Connecticut
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2017-0302 Eileen Miller v. Chief Executive Officer, Waterbury Development Corporation, City of Waterbury; and Waterbury Development Corporation, City of Waterbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
The Commissioners unanimously voted to affirm the Executive Director’s decision not to schedule in Marissa Lowthert v. Caroline Corrigan, Chairman, Wilton Parent Advisory Board; and Wilton Parent Advisory Board, Docket # FIC 2016-0787; Marissa Lowthert v. Bruce Likly, Chairman, Business Operations Committee, Board of Education, Wilton Public Schools; and Board of Education, Wilton Public Schools, Docket # FIC 2016-0803 and Marissa Lowthert v. Bruce Likly, Chairman, Policy Communications Alignment Committee, Wilton Board of Education; and Policy Communications Alignment Committee, Wilton Board of Education, Docket # FIC 2016-0804. The proceedings were recorded digitally.
The Commissioners voted, 5-0, to deny a Motion for Reconsideration dated September 12, 2017 and received by the Commission on September 12, 2017, filed by Marissa Lowthert in Marissa Lowthert v. Bruce Likly, Chairman, Board of Education, Wilton Public Schools; Christine Finkelstein, Chris Stroup, Laura Schwemm, Glen Hemmerle, and Lory Rothstein, as members, Board of Education, Wilton Public Schools; and Wilton Public Schools, Docket #FIC 2015-147. Commissioner Shaw did not participate in this matter. The proceedings were recorded digitally.
Paula S. Pearlman reported on the Superior Court, Judicial District of New Britain,
Memorandum of Decision in James Torlai v. Freedom of Information Commission, and
Commissioner, State of Connecticut Department of Emergency Services and Public Protection,
dated September 11, 2017.
Memorandum of Decision in James Torlai v. Freedom of Information Commission, and
Commissioner, State of Connecticut Department of Emergency Services and Public Protection,
dated September 11, 2017.
The meeting was adjourned at 3:44 p.m.
______________
Thomas A. Hennick
MINREGmeeting 09272017/tah/09282017
* See Attached for Amendments
AMENDMENTS
Docket #FIC 2017-0070 David Desroches and WNPR v. Chief, Police Department, Town of Greenwich; Police Department, Town of Greenwich; and Town of Greenwich
The Hearing Officer’s Report is amended as follows:
14. It is found that Mr. von Keyserling was arrested by warrant on January 11, 2017, and
charged with one count of violating Conn. Gen. Stat. §53a-73a (i.e., sexual assault in the fourth degree). It is found that the respondents released to the public a form titled “Criminal Information Summary” which contained certain information concerning such arrest. In addition, it is found that at the time of the hearing in this matter, the criminal prosecution of Mr. von Keyserling was still pending. [ADD NEW FOOTNOTE 2]
charged with one count of violating Conn. Gen. Stat. §53a-73a (i.e., sexual assault in the fourth degree). It is found that the respondents released to the public a form titled “Criminal Information Summary” which contained certain information concerning such arrest. In addition, it is found that at the time of the hearing in this matter, the criminal prosecution of Mr. von Keyserling was still pending. [ADD NEW FOOTNOTE 2]
16. Based upon the specific facts of this case, it is concluded that the respondents did
not violate the disclosure requirements contained in §§1-210(a), 1-212(a) and 1-215, G.S, BY WITHHOLDING THE VIDEO RECORDING. [FOOTNOTE 2 NOW FOOTNOTE 3]
not violate the disclosure requirements contained in §§1-210(a), 1-212(a) and 1-215, G.S, BY WITHHOLDING THE VIDEO RECORDING. [FOOTNOTE 2 NOW FOOTNOTE 3]
Footnote 2:
ALTHOUGH NOT AN ISSUE IN THIS CASE, THE COMMISSION NOTES THAT THE RELEASE OF THE “CRIMINAL INFORMATION SUMMARY,” ONLY, DOES NOT COMPLY WITH THE DISCLOSURE PROVISIONS OF §1-215, G.S., WHICH REQUIRES THE RELEASE OF THE ARREST WARRANT APPLICATION, WHEN, AS HERE, THE ARREST OCCURS BY WARRANT.
ALTHOUGH NOT AN ISSUE IN THIS CASE, THE COMMISSION NOTES THAT THE RELEASE OF THE “CRIMINAL INFORMATION SUMMARY,” ONLY, DOES NOT COMPLY WITH THE DISCLOSURE PROVISIONS OF §1-215, G.S., WHICH REQUIRES THE RELEASE OF THE ARREST WARRANT APPLICATION, WHEN, AS HERE, THE ARREST OCCURS BY WARRANT.