RE:        Minutes of the Commission’s regular meeting of November 15, 2017

A regular meeting of the Freedom of Information Commission was held on November 15, 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 Lenny T. Winkler
             Commissioner Ryan P. Barry
                                                                                                                                                       

Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, 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 October 25, 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 2016-0859      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 amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing
Officer’s Report as amended.*

Docket #FIC 2017-0053      Maleek Jones v. 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
  
Maleek Jones participated via speakerphone. Attorney Kathleen Foster appeared on behalf of the 
New Haven respondents. Attorney Nicole Anker appeared on behalf of the Department of Correction respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2017-0089      Clarence Patterson v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
  

Clarence Patterson participated via speakerphone. Attorney Nicole Anker appeared on behalf
of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s
Report. The proceedings were recorded digitally.

    
Docket #FIC 2017-0148      Bryan Jordan v. 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 adopt the Hearing Officer’s Report.

                  
Docket #FIC 2017-0036      Jay Hardison v. Superintendent of Schools, Darien Public Schools; and Darien Public Schools                               

Jay Hardison appeared on his own behalf. Attorney Richard Mills appeared on behalf of the
respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
The proceedings were recorded digitally.

Docket #FIC 2017-0068      Jay Hardison v. Superintendent of Schools, Darien Public Schools; and Darien Public Schools
                                                           

Jay Hardison appeared on his own behalf. Attorney Richard Mills appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2017-0047      Karl Hansson v. Commissioner, State of Connecticut, Department of Insurance; and State of Connecticut, Department of Insurance

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

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

Docket #FIC 2017-0081      Ed Schwing v. Board of Selectmen, 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 adopt the Hearing Officer’s Report.
    
Docket #FIC 2017-0082      Michael Bracken, Jr. v. Christopher Kervick, First  Selectman, Town of Windsor Locks; Board of Selectmen, Town of Windsor Locks; and Town of Windsor Locks
  

Michael Bracken Jr.  appeared on his own behalf. Attorney Carl Landolina appeared on behalf of the respondents. 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.* Commissioner Barry did not participate in this matter.

Docket #FIC 2017-0083      Michael Bracken, Jr. v. Eric Osanitsch, Chief, Police Department, Town of Windsor Locks; Police Department, Town of Windsor Locks; and Town of Windsor Locks

Michael Bracken Jr. appeared on his own behalf. Attorney Carl Landolina appeared on behalf of the respondents. 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.* Commissioner Barry did not participate in this matter.

Docket #FIC 2017-0358      Deanna Bouchard v. Arthur Shilosky, First Selectman, Town of Colchester; Tricia Dean, FOI Coordinator, Town of Colchester; and Town of Colchester

The matter was removed from the agenda.

              
The Commissioners voted, 5-0, to approve a Motion for Reconsideration dated November 6, 2017 and received by the Commission on November 6, 2017, filed by James Torlai in James Torlai v. Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; and City of Waterbury, Docket #FIC 2016-0821 and ordered the matter reopened and returned to the Hearing Officer for further consideration. Commissioner Barry did not participate in this matter. Attorney Richard Scappini addressed the Commission on behalf of the Waterbury Police Department and the City of Waterbury.

The Commissioners voted, 5-0, to affirm the Executive Director’s decision not to schedule in Torrey Townsend v. Commissioner, State of Connecticut, Department of Energy and Environmental Protection; and State of Connecticut, Department of Energy and Environmental Protection, Docket # FIC 2017-0062;  Torrey Townsend v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction, Docket # FIC 2017-0063;  Torrey Townsend v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health, Docket # FIC 2017-0064 and Torrey Townsend v. Chief, Police Department, City of New Haven; Police Department, City of New Haven; and City of New Haven, Docket # FIC 2017-0162.  The matter was recorded digitally. Commissioner Barry did not participate in this matter.

The Commissioners voted, 4-0, to deny the Respondents' Petition for Administrative Appeal from the Order of the Hearing Officer Re: In Camera Inspection and Order Denying Reconsideration and Respondents' Application to Stay Enforcement of Administrative Order Pending Appeal in Docket #FIC 2017-0310, Josh Kovner and the Hartford Courant v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction. Commissioner Barry did not participate in this matter. Commissioner Einhorn recused himself from this matter.

 Colleen M. Murphy reported on pending appeals.

                    

The meeting was adjourned at 4:30 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 11152017/tah/11162017

*   See Attached for Amendments

 

                                                                AMENDMENTS
              
Docket #FIC 2016-0859      Christopher Shuckra v. Chief, Police Department, City of New Britain; and Police Department, City of New Britain 
                                                                                                                           
                                                                       
The Hearing Officer’s report is amended as follows:

[13. It is found that although the complainant has not withdrawn his appeal, the respondents provided copies of all the records requested by the complainant in the manner that he specified. 

14. It is concluded that the respondents did not violate the FOI Act as alleged.]

        13. AS OF THE DATE OF THE HEARING OFFICER’S REPORT IN THIS MATTER, THE COMMISSION HAD NOT RECEIVED A LETTER OF WITHDRAWAL. HOWEVER AT THE NOVEMBER 15, 2017 COMMISSION MEETING, THE COMPLAINANT INDICATED HE WISHED TO WITHDRAW HIS COMPLAINT.

Docket #FIC 2017-0082      Michael Bracken, Jr. v. Christopher Kervick, First Selectman, Town of Windsor Locks; Board of Selectmen, Town of Windsor Locks; and Town of Windsor Locks

The Hearing Officer’s Report was amended as follows:

8. It is found that, in the executive session, the [town attorney] FIRST SELECTMAN presented terms for a casino proposal in Windsor Locks.
19. With respect to the complainants’ allegation described in paragraph 3.a., above, the respondents contend that the executive session was permissible pursuant to §§1-200(6)(E) and 1-210(b)(1), G.S., on the grounds that the executive session was [confined] CONVENED to discuss a preliminary draft.

20.  It is found, however, that the respondents offered no evidence to prove [that a preliminary draft was discussed in the executive session, or] that the respondents determined that the public interest in withholding such a document clearly outweighed the public interest in disclosure.

21. It is therefore concluded that the respondents violated the FOI Act by entering into executive session for an improper [person] PURPOSE.

Docket #FIC 2017-0083      Michael Bracken, Jr. v. Eric Osanitsch, Chief, Police Department, Town of Windsor Locks; Police Department, Town of Windsor Locks; and Town of Windsor Locks

The order in the Hearing Officer’s Report was amended as follows:

3. FORTHWITH, THE RESPONDENTS SHALL CONTACT THE STAFF OF THE FREEDOM OF INFORMATION COMMISSION TO SCHEDULE A FORMAL TRAINING SESSION. ALL TOWN OFFICIALS SHOULD BE INVITED TO THIS SESSION.