20090225MRM

TO: Freedom of Information Commission

FROM: Paula S. Pearlman

RE: Minutes of the Commission’s regular meeting of February 25, 2009

A regular meeting of the Freedom of Information Commission was held on February 25, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:06 p.m. with the following Commissioners present:

Commissioner Andrew J. O’Keefe, presiding

Commissioner Sherman D. London

Commissioner Dennis O’Connor (participated via speakerphone)

Commissioner Norma E. Riess (participated via speakerphone)

Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, Thomas A. Hennick and Gregory F. Daniels.

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.

The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of February 11, 2009 as corrected.*

Docket #FIC 2008-292 Jose Ayuso v. Chief, Police Department, City of Hartford; and Police Department, City of Hartford

Jose Ayuso appeared on his own behalf and participated by speakerphone. Attorney Edward

Schenkel appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the

Hearing Officer’s report. The proceedings were digitally recorded.

Docket #FIC 2007-228 Wanda Smith and Nelson Leon v. Director of Human Resources, State of Connecticut, Connecticut Lottery Corporation

The matter was tabled.

Docket #FIC 2008-149 Dawn Massey v. Anthony DaRos, First Selectman, Town of Branford; Gale Plancon, Interim Assistant Administor, Board of Selectmen, Town of Branford; and Board of Selectmen, Town of Branford

Misty Williams appeared on behalf of the complainant. Attorney Patrick Allen appeared on

behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s

report. The proceedings were digitally recorded.

Docket #FIC 2008-236 Preston D. Shultz and the Citizens for Prudent Spending v. Board of Education, Woodstock Public Schools,

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

Docket #FIC 2008-312 Michelle Tuccitto Sullo and the New Haven Register v. Commissioner, State of Connecticut, Department of Public Safety, Division of State Police; and State of Connecticut, Department of Public Safety, Division of State Police

Michelle Tuccitto Sullo appeared on her own behalf. Attorney Stephen Sarnoski appeared on

behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s

report as corrected.* The proceedings were digitally recorded.

Docket #FIC 2008-520 Denis O’Sullivan v. Chairman, Board of Directors, Watertown Fire District; and Board of Directors, Watertown Fire District

Denis O’ Sullivan appeared on his own behalf. The Commissioners unanimously voted to

adopt the Hearing Officer’s report. The proceedings were digitally recorded.

Docket #FIC 2008-563 Gale Lockland, Chairman, Board of Education, Scotland Public Schools v. Board of Education, Regional School District 11; and Board of Education, Chaplin Public Schools

The Commissioners unanimously voted to reopen the matter.

Docket #FIC 2008-641 Stephen Whitaker v. Peter Tesei, First Selectman, Town of Greenwich;

and Town of Greenwich

Stephen Whitaker appeared on his own behalf. Attorney John Fox appeared on behalf of the

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

Docket #FIC 2008-646 Scheri L. Walker v. Emmet Hibson, Director of Organizational Development, City of New Haven; and City of New Haven

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

Docket #FIC 2008-667 Martin Andrews v. Permanent Building Commission, Town of New Fairfield

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

Victor Perpetua reported on pending appeals.

Colleen Murphy and Thomas Hennick reported on legislation.

The meeting adjourned at 3:09 p.m.

_______________________

Paula S. Pearlman

* See attached for corrections.

MINREG meeting 02252009/psp/02262009

CORRECTIONS

Page 1 of the minutes of the February 11, 2009 meeting is corrected as follows:

The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of January 29, 2009 as corr[r]ected.*

Paragraph 28 of the Hearing Officer’s Report is corrected as follows:

28. With respect to the argument that release of Mr. Nguyen’s medical information would assist in the defense of Toai Nguyen, and thus prejudice his prosecution, the Commission notes that IT is well settled that the state must, as a matter of law, divulge exculpatory evidence to the defendant in a criminal matter. It is therefore concluded that the respondents failed to prove that disclosure to the complainants of records required, under discovery, to be disclosed to the defense, does prejudice the law enforcement action.