TO: Freedom of Information Commission
FROM: Mary E. Schwind
RE: Minutes of the Commission’s regular meeting of August 12, 2009
DATE: August 17, 2009
A regular meeting of the Freedom of Information Commission was held on August 12, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m., with the following Commissioners present:
Commissioner Sherman D. London
Commissioner Norma Riess (participated via speakerphone)
Commissioner Dennis E. O’Connor
Commissioner Owen P. Eagan
Also present were staff members Colleen Murphy, Eric V. Turner, Clifton A. Leonhardt, Tracie C. Brown, Kathleen K. Ross, Victor R. Perpetua, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Mary E. Schwind.
The Commissioners unanimously voted to accept the minutes of the Commission’s regular meeting of July 22, 2009.
Docket #FIC 2008-570 Jose Polanco v. Chief, Police Department, City of New Haven; Police Department, City of New Haven; Health Services Administrator, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care, MacDougall-Walker Correctional Institution; and State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care, MacDougall-Walker Correctional Institution
Jose Polanco appeared on his own behalf and participated by speakerphone. Attorney Roderick Williams appeared on behalf of the New Haven respondents. Attorney Donald Green appeared on behalf of state Health Center respondents. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2008-584 John Sylvia v. Commissioner, State of Connecticut, Department of Environmental Protection; and State of Connecticut, Department of Environmental Protection
John Sylvia appeared on his own behalf and participated by speakerphone. Attorney Melissa Chan appeared on behalf of the respondents. Assistant Attorney General Steven Strom filed a motion to intervene on behalf of the Department of Correction. The Commissioners voted 4-1 to deny the motion to intervene (Commissioner Eagan in opposition). The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2007-451 Michael K. Courtney, Ronald Gold, David G.E. Smith, and the Office of the Public Defender v. Commissioner, State of Connecticut, Department of Correction
Attorney Michael K. Courtney appeared on behalf of the complainants. Assistant Attorney General Steven Strom appeared on behalf of the respondent. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2008-546 Mary Hansen v. Ethics Commission, Town of Old Saybrook
Mary Hansen appeared on her on behalf. Attorney Michael Cronin appeared on behalf of the respondent. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2008-566 Peter Quercia, Jr. v. Executive Director, State of Connecticut, Connecticut Housing Finance Authority; and State of Connecticut, Connecticut Housing Finance Authority
The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2008-609 Paul J. Garlasco v. Amy Allingham, Treasurer, Town of Bridgewater; and Town of Bridgewater
Paul J. Garlasco appeared on his own behalf. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2008-688 Ellen Bergquist, Dana L. Evans and Karen Emerick v. Richard Johnson, Town Manager, Town of Glastonbury; Susan Karp, Chairperson, Town Council, Town of Glastonbury; Carol H. Ahlschlager, Vice Chairperson, Town Council, Town of Glastonbury; Stewart Beckett III, Barbara C. Wagner, Kurt P. Cavanaugh, as members, Town Council, Town of Glastonbury; Town Council, Town of Glastonbury; Alan Bookman, Superintendent of Schools, Glastonbury Public Schools; Richard Brown, Chairman, Board of Education, Glastonbury Public Schools; and Board of Education, Glastonbury Public Schools
Dana L. Evans and Karen Emerick appeared on behalf of the complainants. Attorney Morgan Rueckert appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously adopted the Hearing Officer’s Report as amended.* The proceedings were digitally recorded.
Docket #FIC 2008-795 Richard J. George v. Colleen Bezanson, Enforcement Officer, Inland Wetlands Commission, Town of Montville; Douglas K. Brush, Chairman, Inlands Wetlands Commission, Town of Montville; and Inland Wetlands Commission, Town of Montville
The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2009-012 Linda M. DiNapoli v. Town Manager, Town of West Hartford
Linda M. DiNapoli appeared on her own behalf. Attorney Patrick Alair appeared on behalf of the respondent. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
Docket #FIC 2009-057 Addie May Nesbitt v. Lt. Scott Anderson, Commander, State of Connecticut, Department of Public Safety, Division of State Police, Troop B; and State of Connecticut, Department of Public Safety, Division of State Police, Troop B
Attorney Rachel Baird appeared on behalf of the complainant. Assistant Attorney General Steven Strom and Attorney Jennifer Janeiro appeared on behalf of the respondents. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were digitally recorded.
The Commissioners unanimously denied the complainant’s Motion to Reopen and for Reconsideration dated June 19, 2009, in Docket #FIC2002-227; Eugene M. Soja v. Commissioner, State of Connecticut, Department of Education; Education Labor Relations Specialist, State of Connecticut, Department of Education; Principal, State of Connecticut, Department of Education, Windham Regional Vocational Technical School; and State of Connecticut, Department of Education.
The Commissioners unanimously approved the Settlement Agreement in City of Bridgeport
v. Freedom of Information Commission et al, Docket No. CV-08-4025479.
The Commissioners unanimously voted to petition the Connecticut Supreme Court for certification for review of the Appellate Court decision in James A. Lash, First Selectman of the Town of Greenwich, et al. v. Freedom of Information Commission, AC 30137.
Victor Perpetua reported on pending appeals.
The meeting adjourned at 4:00 p.m.
_______________________
Mary E. Schwind
*SEE ATTACHED FOR AMENDMENTS
AMENDMENTS
Docket #FIC 2008-688 Ellen Bergquist, Dana L. Evans and Karen Emerick v. Richard Johnson, Town Manager, Town of Glastonbury; Susan Karp, Chairperson, Town Council, Town of Glastonbury; Carol H. Ahlschlager, Vice Chairperson, Town Council, Town of Glastonbury; Stewart Beckett III, Barbara C. Wagner, Kurt P. Cavanaugh, as members, Town Council, Town of Glastonbury; Town Council, Town of Glastonbury; Alan Bookman, Superintendent of Schools, Glastonbury Public Schools; Richard Brown, Chairman, Board of Education, Glastonbury Public Schools; and Board of Education, Glastonbury Public Schools
The Hearing Officer’s Report is amended as follows:
2. By letter dated October 27, 2008, the complainants appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to conduct their meeting on September 30, 2008 in compliance with the FOI Act. The complainants requested the imposition of a civil penalty against the respondents. [The plaintiffs requested the imposition of a civil penalty.]
The order in the Hearing Officer’s Report is amended as follows:
3. Henceforth, the respondents shall strictly comply with §§1-225(1), (d), (e) and (f) and 1-231(a), G.S.