TO:                  Freedom of Information Commission

 

FROM:            Paula S. Pearlman

 

RE:                  Minutes of the Commission’s regular meeting of April 22, 2009

 

            A regular meeting of the Freedom of Information Commission was held on April 22, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:14 p.m. with the following Commissioners present:

 

             Commissioner Andrew J. O’Keefe, presiding

             Commissioner Sherman D. London

             Commissioner Dennis O’Connor

             Commissioner Norma E. Riess (participated via speakerphone)

 

                                     

            Also present were staff members, Colleen M. Murphy, Eric V. Turner, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, 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 April 8, 2009.

 

 

Docket #FIC 2008-327         Ryshon Wells v. Chief, Police Department, City of Bridgeport

                                             

Ryshon Wells appeared on his own behalf and participated via speakerphone.  Attorney

Melanie Howlett appeared on behalf of the respondent.  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 digitally

recorded.

 

 

Docket #FIC 2008-374         Ryshon Wells v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

Ryshon Wells appeared on his own behalf and participated via speakerphone.  Attorney

Nancy Kase O’Brasky 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 digitally recorded.

 

 

Docket #FIC 2008-328         Bryan Jordan v. James Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven

                                             

Bryan Jordan appeared on his own behalf and participated via speakerphone.  Attorney

Roderick Williams 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 digitally recorded.

 

 

Docket #FIC 2008-331         Luis Diaz v. Bryan Norwood, Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport

 

Luis Diaz appeared on his own behalf and participated via speakerphone.  Attorney

Melanie Howlett appeared on behalf of the respondents.  The Commissioners

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

unanimously voted to vacate the adoption of the Hearing Officer’s Report after the

complainant indicated he had an objection to the report and wished to be heard. 

Thereafter, the Commissioners unanimously voted again to adopt the Hearing Officer’s

Report.  The proceedings were digitally recorded.

 

 

Docket #FIC 2008-297         Dennis M. Foran and Christine D. Dunnack v. Chairman, Board of Assessment Appeals, Town of Andover; and Board of Assessment Appeals, Town of Andover

                                             

Dennis Foran appeared on behalf of the complainants.  Attorney Dennis O’Brien

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

the Hearing Officer’s Report.  The proceedings were digitally recorded.

 

 

Docket #FIC 2008-447         Jolene D. Rocks v. Robert Burbank, First Selectman, Town of Andover; and Board of Selectmen, Town of Andover

                                             

Attorney Dennis O’Brien appeared on behalf of the respondents.  The complainant was

not present.  The Commissioners unanimously voted to adopt the Hearing Officer’s

Report. 

 

 

Docket #FIC 2008-470         Dennis M. Foran and Christine D. Dunnack v. Board of Selectmen, Town of Andover

                                             

Dennis Foran appeared on behalf of the complainants.  Attorney Dennis O’Brien

appeared on behalf of the respondent.  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 digitally recorded.

 

 

Docket #FIC 2008-478         Dennis M. Foran and Joan Foran v. Board of Selectmen, Town of Andover

 

Dennis Foran appeared on behalf of the complainants.  Attorney Dennis O’Brien

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

the Hearing Officer’s Report.  The proceedings were digitally recorded.

 

 

Docket #FIC 2008-341         Jonathan Pelto v. State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics

                                             

Jonathan Pelto appeared on his own behalf.  Assistant Attorney General Michael Sullivan

appeared on behalf of the respondent.  Commissioners O’Keefe, O’Connor and Riess

voted to reject the Hearing Officer’s Report. Commissioner London voted to adopt the

Hearing Officer’s Report.  Commissioners O’Keefe, O’ Connor and Riess voted to

remand the matter to staff with direction to amend the Hearing Officer’s Report. 

Commissioner London opposed amending the Hearing Officer’s Report.  The

proceedings were digitally recorded. 

 

 

Docket #FIC 2008-347         Milly Arciniegas v. Superintendent of Schools, Hartford Public Schools; and Board of Education, Hartford Public Schools

 

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

 

 

Docket #FIC 2008-607         David Collins and the New London Day v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety

                                             

David Collins appeared on behalf of the complainants.  Assistant Attorney General

Stephen Sarnoski appeared on behalf of the respondents.  The Commissioners

unanimously voted to adopt the Hearing Officer’s report.  The proceedings were digitally

recorded.

 

 

Docket #FIC 2008-610         Linda Palermo v. Chief, Police Department, Town of Stratford; Police Department, Town of Stratford; Traffic Authority, Town of Stratford; and Town of Stratford

 

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

 

 

Docket #FIC 2008-763         Edward St. John v. First Selectman, Town of Middlebury

                                             

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

 

 

          

Colleen Murphy reported on legislation and the nomination of a new Freedom of Information Commissioner.

 

 

          The Commission unanimously voted to add the following item to the agenda:  Consideration of a motion to designate Commissioner O’Connor as hearing officer in Docket #FIC2008-468; Karen Murphy v. Office of Administration, City of Stamford; Office of Operations, City of Stamford; and Board of Education, Stamford Public Schools.  The

Commissioners then unanimously voted to designate Commissioner O’Connor as hearing officer in Docket #FIC2008-468.

 

 

           The meeting adjourned at 4:31 p.m.

 

 

 

 

                                    _______________________

                                    Paula S. Pearlman

 

 

 

 

 

* See attached for amendments.

 

 

 

 

 

 

 

 

 

MINREG meeting 04222009/psp/04282009

 

 

 

 

 

 

 

AMENDMENTS

 

 

Docket #FIC 2008-327         Ryshon Wells v. Chief, Police Department, City of Bridgeport

 

          The Hearing Officer’s Report is amended as follows:

 

[On the basis of the record concerning the above-captioned complaint, no order is recommended by the Commission.]

 

          11.  IT IS CONCLUDED THAT THE RESPONDENT VIOLATED THE FOI ACT BY FAILING TO PROMPTLY COMPLY WITH THE COMMISSION’S ORDERS IN DOCKET #FIC 2006-639. 

 

          THE FOLLOWING ORDER BY THE COMMISSION IS HEREBY RECOMMENDED ON THE BASIS OF THE RECORD CONCERNING THE ABOVE-CAPTIONED COMPLAINT:

 

1.       HENCEFORTH, THE RESPONDENT SHALL STRICTLY COMPLY WITH THE

PROMPTNESS PROVISIONS OF THE FOI ACT.

 

2.      THE RESPONDENT IS ADVISED THAT §1-240(B), G.S., PROVIDES THAT:

“[A]NY MEMBER OF ANY PUBLIC AGENCY WHO FAILS TO COMPLY WITH AN ORDER OF THE FREEDOM OF INFORMATION COMMISSION SHALL BE GUILTY OF A CLASS B MISDEMEANOR AND EACH OCCURRENCE OF FAILURE TO COMPLY WITH SUCH ORDER SHALL CONSTITUTE A SEPARATE OFFENSE.”

 

 

 

Docket #FIC 2008-374         Ryshon Wells v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

          The Hearing Officer’s Report is amended as follows:

 

[11.  After careful review of the in camera records, it is found that the respondents had reasonable grounds to believe that the disclosure of the three witness statements may result in a safety risk to any person within the meaning of §1-210(b)(18), G.S., and it is concluded that the respondents did not violate the FOI Act by withholding the statements from the complainant.]

 

11.  AFTER CAREFUL REVIEW OF THE IN CAMERA RECORDS, IT IS FOUND THAT THE RESPONDENTS DID NOT HAVE REASONABLE GROUNDS TO BELIEVE THAT THE DISCLOSURE OF THE THREE WITNESS STATEMENTS MAY RESULT IN A SAFETY RISK WITHIN THE MEANING OF §1-210(B)(18), G.S.

 

12.  NOTWITHSTANDING THE FINDING IN PARAGRAPH 11, ABOVE, AND BASED ON A CAREFUL IN CAMERA INSPECTION, THIS COMMISSION FINDS, SUA SPONTE, THAT THE RECORDS ARE EXEMPT FROM DISCLOSURE PURSUANT TO §1-210(B)(3), G.S., WHICH PROVIDES IN RELEVANT PART THAT:

 

RECORDS OF LAW ENFORCEMENT AGENCIES NOT OTHERWISE AVAILABLE TO THE PUBLIC WHICH RECORDS WERE COMPILED IN CONNECTION WITH THE DETECTION OR INVESTIGATION OF CRIME, IF THE DISCLOSURE OF SAID RECORDS WOULD NOT BE IN THE PUBLIC INTEREST BECAUSE IT WOULD RESULT IN THE DISCLOSURE OF . . . SIGNED STATEMENTS OF WITNESSES . . . .

 

13.  IT IS CONCLUDED THAT THE RESPONDENTS DID NOT VIOLATE THE FOI ACT IN THIS MATTER.

 

 

 

Docket #FIC 2008-328         Bryan Jordan v. James Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven

 

          The Hearing Officer’s Report is amended as follows:

 

31.  With respect to the requests described in paragraphs 4.b, 4.c, and [4.c] 4.d, it is found that the respondents did not violate the FOI Act, since they do not have custody of those records, if they exist at all.

 

32.  IT IS FOUND THAT THE RESPONDENTS DID NOT ACT WITHOUT REASONABLE GROUNDS AND THAT THEREFORE THE IMPOSITION OF CIVIL PENALTIES IS NOT WARRANTED.

 

          The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.       The respondents shall forthwith mail or deliver to the complainant, at his institutional

address, the records described in paragraphs 4.f and 4.g., above.  In supplying the records described in paragraph 4.f, the respondents may delete the identify of any confidential informants.  If no records described in paragraph 4.f exist, the respondent shall execute an affidavit to that effect, and [a] deliver it to the complainant, with a copy to the Commission.

         

 

 

Docket #FIC 2008-470         Dennis M. Foran and Christine D. Dunnack v. Board of Selectmen, Town of Andover

 

          The Hearing Officer’s Report is amended as follows:

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.      Henceforth, the respondent shall comply with the notice requirements of §1-225(d),

G.S.

 

2.       THE RESPONDENT IS ENCOURAGED TO CONTACT THE COMMISSION

STAFF TO SCHEDULE AN FOI WORKSHOP.