TO: Freedom of Information Commission
FROM: Paula S. Pearlman
RE: Minutes of the Commission’s special meeting of June 25, 2009
A special meeting of the Freedom of Information Commission was held on June 25, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:07 p.m. with the following Commissioners present:
Commissioner Andrew J. O’Keefe, presiding
Commissioner Sherman D. London
Commissioner Dennis O’Connor
Commissioner Owen P. Eagan
Commissioner Norma E. Riess (participated via speakerphone)
Also present were staff members, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata and Gregory F. Daniels.
The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of June 10, 2009.
Docket #FIC 2008-510 Jorge Ramos v. Commissioner, State of Connecticut, Department of Correction; Warden, State of Connecticut, Department of Correction, Garner Correctional Institution; and State of Connecticut, Department of Correction
Jorge Ramos appeared on his own behalf and participated by speakerphone. Attorney Nicole Anker 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 2008-518 Bryan Jordan v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Bryan Jordan appeared on his own behalf and participated by speakerphone. Attorney Roderick Williams appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s report. The proceedings were digitally recorded.
Docket #FIC 2008-649 Bryan Jordan v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Bryan Jordan appeared on his own behalf and participated by speakerphone. Attorney Roderick Williams appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s report. The proceedings were digitally recorded.
Docket #FIC 2008-455 Kevin Brookman v. Lee Erdmann, Chief Operating Officer, City of Hartford; and City of Hartford
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 respondents indicated that they had an objection to the report and wished to be heard. Attorney J. Hanson Guest appeared on behalf of the respondents. Thereafter, the Commissioners unanimously voted again 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
Gale Lockland appeared on behalf of the complainant. The respondents were not present. The Commissioners unanimously voted to adopt the Hearing Officer’s report.
Docket #FIC 2009-014 Jeffrey Kerekes v. Controller, Department of Finance, City of New Haven; and Department of Finance, City of New Haven
The matter was tabled.
Docket #FIC 2009-093 James M. Findley v. Pamela Law, Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services
The Commissioners unanimously voted to adopt the Hearing Officer’s report.
The Commissioners unanimously voted to reconsider the Final Decisions dated June 8, 2009, in Docket #FIC 2008-275, Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook and Docket #FIC 2008-400, Lamberto Lucarelli v. Public Works Department, Town of Old Saybrook. The Commissioners then unanimously voted to amend the Final Decisions in Docket ##FIC 2008-275 and FIC 2008-400. The Commissioners unanimously voted to adopt the Final Decisions in Docket ## FIC 2008-275 and FIC 2008-400 as amended.*
The meeting adjourned at 2:45 p.m.
_______________________
Paula S. Pearlman
* See attached for amendments.
MINSPECIAL meeting 06252009/psp/06252009
AMENDMENTS
Docket #FIC 2008-510 Jorge Ramos v. Commissioner, State of Connecticut, Department of Correction; Warden, State of Connecticut, Department of Correction, Garner Correctional Institution; and State of Connecticut, Department of Correction
The Hearing Officer’s Report is amended as follows:
[13. It is found, therefore, that the respondents complied with the complainant’s records request and it is concluded that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S.]
13. IT IS FOUND THAT THE RESPONDENTS’ PROVISION OF THE RECORDS IN THIS MATTER WAS NOT PROMPT.
14. IT IS CONCLUDED THAT THE RESPONDENTS VIOLATED THE PROMPTNESS PROVISIONS OF §§1-210(a) AND 1-212(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
[1. The complaint is hereby dismissed.
2. While not fairly raised by the complainant in this matter, the Commission notes the length of time taken to provide the complainant with the records responsive to his request and strongly encourages the respondents to review this Commission’s final decisions on the promptness provisions of the FOI Act and to tailor their compliance with future records requests accordingly.]
1. HENCEFORTH, THE RESPONDENTS SHALL STRICTLY COMPLY WITH THE PROMPTNESS PROVISIONS OF THE FOI ACT.
Docket #FIC 2008-275 Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook
The Final Decision is amended as follows:
4. It is found that the complainant’s request for records arises out of [the complainant’s discovery,] AN INCIDENT at the Old Saybrook Transfer Station. [, of a toilet seat with the words “SAVE FOR LAMBERTO” and “ALL YOURS BERT” written on the seat.] The complainant is dissatisfied with the town’s investigation of this incident.
Docket #FIC 2008-400 Lamberto Lucarelli v. Public Works Department, Town of Old Saybrook
The Final Decision is amended as follows:
3. It is found that the complainant’s request for records arises out of [the complainant’s discovery,] AN INCIDENT at the Old Saybrook Transfer Station. [, of a toilet seat with the words “SAVE FOR LAMBERTO” and “ALL YOURS BERT” written on the seat.] The complainant is dissatisfied with the town’s investigation of this incident.