RE:        Minutes of the Commission’s regular meeting of October 11, 2017

A regular meeting of the Freedom of Information Commission was held on October 11, 2017, 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 Jonathan J. Einhorn
             Commissioner Matthew Streeter                                                                    
             Commissioner Christopher P. Hankins
             Commissioner Michael C. Daly
             Commissioner Sean K. McElligott
                                                                                                                                                                               Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, 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 September 27, 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 2016-0721      Richard Benson v. Anthony Campbell, Acting Chief, PoliceDepartment, 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 adopt the Hearing Officer’s Report.

Docket #FIC 2016-0829      Eric Gamble v. Scott Semple, 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 2016-0841      GerJuan Tyus v. Margaret Ackley, Chief, Police Department, City of New London; Police Department, City of New London; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of  Correction
      

The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*

     
Docket #FIC 2016-0881      Christopher Farrow v. Scott Semple, 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 2016-0720      Dontrell Brown v. Chief, Police Department, City of Bridgeport; Police Department, City of Bridgeport; and  City of Bridgeport

Attorney Joseph Sastre appeared on behalf of the complainant. Attorney Tamara Titre
appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing
Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as
amended.* The proceedings were recorded digitally.

Docket #FIC 2016-0793      Frank Freeman v. Chairman, State of Connecticut,  Commission on Human Rights and Opportunities; and State of Connecticut, Commission on Human Rights and Opportunities

The Commissioners unanimously voted to amend the Hearing Officer’s Report. The
Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*

Docket #FIC 2016-0836      Ed Schwing v. First Selectman, Town of Haddam; and Town  of Haddam
                                                             

Ed Schwing appeared on his own behalf. Attorney Brian Hoeing appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*

Docket #FIC 2016-0885      Douglas Steeves v. Chief, Police Department, City of Shelton; Police Department, City of Shelton; and City of Shelton

Douglas Steeves appeared on his own behalf. The Commissioners unanimously voted three times to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.

    
Docket #FIC 2016-0888      Raymond Reynolds v. Chief, Police Department, City of Shelton; Police Department, City of Shelton; and City of  Shelton

Raymond Reynolds appeared on his own behalf. The Commissioners unanimously voted
four times to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the
Hearing Officer’s Report as amended.* The proceedings were recorded digitally.

Docket #FIC 2017-0282       Carole Donagher v. Animal Control Officer, City of  Hartford; and City of Hartford
  

Carole Donagher appeared on her own behalf. The Commissioners voted, 5-0, to amend the Hearing Officer’s Report. The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner

McElligott did not participate in this matter.

Docket #FIC 2017-0289      Alexander Wood, Will Healey, Doreen Guarino and the Manchester Journal Inquirer v. Office of the Town Attorney, Town of Enfield; and Town of Enfield

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

The Commissioners voted, 5-0, to affirm the Executive Director’s decision not to schedule in Marissa Lowthert and Marianne Gustafson, v. Laura Schwemm, as Member, Teaching and Learning Committee, Board of Education, Wilton Public Schools; Lory Rothstein, as Member, Teaching and Learning Committee, Board of Education, Wilton Public Schools; Kevin Smith, as Member, Teaching and Learning Committee, Board of Education, Wilton Public Schools; Ann Paul, as Member, Teaching and Learning Committee, Board of Education, Wilton Public Schools; and Teaching and Learning Committee, Board of Education, Wilton Public Schools, Docket # FIC 2016-0812.  The proceedings were recorded digitally. Commissioner McElligott did not participate in this matter.

Victor Perpetua and Lisa Siegel reported on pending appeals.

The meeting was adjourned at 4:18 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 10112017/tah/10122017

*   See Attached for Amendments

                                                               AMENDMENTS
              
Docket #FIC 2016-0841      GerJuan Tyus v. Margaret Ackley, Chief, Police  Department, City of New London; Police Department,  City of New London; [Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction]   

 The Hearing Officer’s Report is amended as follows:

By letter dated July 14, 2017, the complainant stated that he wished to withdraw his complaint against Commissioner, State of Connecticut, Department of Correction and State of Connecticut, Department of Correction. The Commission takes administrative notice of the July 14, 2017 letter. THE CASE CAPTION HAS BEEN AMENDED ACCORDINGLY.

Docket #FIC 2016-0720       Dontrell Brown v. Chief, Police Department, City of Bridgeport; Police Department, City of Bridgeport; and City of Bridgeport

 The Hearing Officer’s Report is amended as follows:

ON AUGUST 2, 2017 A HEARING OFFICER’S REPORT WAS ISSUED IN THIS MATTER. On August 23, 2017, the matter was considered by the full Commission, at which time the respondents appeared and presented argument on the hearing officer’s report.  The Commission then remanded the matter back to the hearing officer to consider further the legal arguments raised by the respondents.  The respondents’ new legal arguments are addressed in the report in paragraphs 24 through 30, below.

Docket #FIC 2016-0793      Frank Freeman v. Chairman, State of Connecticut, Commission on Human Rights and Opportunities; and State of Connecticut, Commission on Human Rights and Opportunities

The Hearing Officer’s Report is amended as follows:

 19. It is further found that, under cover letter dated February 1, 2017, Mr. Perry emailed Ms.
Shiller’s affidavit and 105 additional pages of responsive records to the complainant.  It is found the
respondents did not charge the complainant the per page fee for these records.  (The “second
[disclosure] INSTALLMENT”).

Docket #FIC 2016-0836      Ed Schwing v. First Selectman, Town of Haddam; and Town of Haddam
   

The Hearing Officer’s Report is amended as follows:

 13.  It is found that while it may have been reasonable to ask if the complainant wanted another copy of the ESS agreement, it was not reasonable to unilaterally determine that he did not and fail to provide a copy of the agreement again. THE RESPONDENTS SHOULD HAVE ASKED THE COMPLAINANT IF HE WANTED ANOTHER COPY.

Docket #FIC 2016-0885        Douglas Steeves v. Chief, Police Department, City of Shelton; Police Department, City of Shelton; and City of  Shelton

The Hearing Officer’s Report is amended as follows:

 4.  It is found that the complainant’s request was denied, [by depositing that denial in the U.S. mail,] on November 21, 2016.

 7. It is concluded that the Commission lacks subject matter JURISDICTION over the complainant pursuant to §1-210(b)(1), G.S.

The Hearing Officer’s Report is amended by adding the following order:

  2. SHOULD THE COMPLAINANT FILE A SUBSEQUENT COMPLAINT
REGARDING THE SAME RECORDS, THE COMMISSION WILL GRANT SUCH COMPLAINT PRIORITY STATUS.

Docket #FIC 2016-0888      Raymond Reynolds v. Chief, Police Department, City of Shelton; Police Department, City of Shelton; and City of Shelton

The Hearing Officer’s Report is amended as follows:

 4.  It is found that the complainant’s request was denied, [by depositing that denial in the U.S. mail,] on November 8, 2016.

  6.  It is therefore found that the complainant filed his complaint later than thirty days after the respondents’ November [21]8, 2016 denial of his November [17]4, 2016 request.

 7. It is concluded that the Commission lacks subject matter JURISDICTION over the complainant pursuant to §1-210(b)(1), G.S.

The Hearing Officer’s Report is amended by adding the following order:

  2. SHOULD THE COMPLAINANT FILE A SUBSEQUENT COMPLAINT
REGARDING THE SAME RECORDS, THE COMMISSION WILL GRANT SUCH COMPLAINT PRIORITY STATUS.

 
Docket #FIC 2017-0282       Carole Donagher v. Animal Control Officer, City of Hartford; and City of Hartford                                                  

The Hearing Officer’s Report is amended as follows:

 12.    It is [therefore] concluded UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S., as alleged by the complainant.

The Hearing Officer’s Report is amended by adding the following order:

 2.  ALTHOUGH THE COMMISSION DISMISSED THE COMPLAINT IN THIS MATTER, IT IS TROUBLED BY THE RESPONDENTS’ FAILURE TO KEEP AND MAINTAIN COPIES OF THE MONTHLY REPORTS AT ISSUE HEREIN AND URGES THE RESPONDENTS TO REVIEW THEIR PRACTICES AND PROCEDURES IN THIS REGARD.