TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of November 18, 2009
A regular meeting of the Freedom of Information Commission was held on November 18, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:05 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
Commissioner Owen P. Eagan
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata and Thomas A. Hennick.
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 October 28, 2009.
Docket #FIC 2008-761 Jason Casiano v. Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; and Craig Sullivan, Corporation Counsel, City of Waterbury
Jason Casiano participated via speakerphone. Attorney Kevin Daley appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.*
Docket #FIC 2008-789 Anthony Oliphant v. Thomas Wydra, Chief, Police Department, Town of Hamden; and Police Department, Town of Hamden
Anthony Oliphant participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-790 Anthony Oliphant v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Anthony Oliphant participated via speakerphone. Attorney Kathleen Foster 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.*
Minutes, Regular Meeting, November 18, 2009
Page 2
Docket #FIC 2008-796 Priscilla Dickman v. Director, State of Connecticut, Office of State Ethics; and State of Connecticut, Office of State Ethics
Priscilla Dickman appeared on her own behalf. Attorney Barbara Housen appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-201 Priscilla Dickman v. Director, State of Connecticut, Office of State Ethics; and State of Connecticut, Office of State Ethics
Priscilla Dickman appeared on her own behalf. Attorney Barbara Housen appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-006 Kimberly Albright Lazzari and Anthony Lazzari v. Mayor, Town of Wallingford
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-016 Timothy Herbst v. Planning and Zoning Commission, Town of Trumbull
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-283 Angel Morales v. Registrar of Voters, City of Hartford
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-284 Martin Edgar and the Hartford Federation of Substitute Teachers v. Principal, Breakthrough Academy II, Hartford Public Schools; Principal, Breakthrough Academy I, Hartford Public Schools; and Hartford Public Schools
Martin Edgar appeared on his own behalf. Attorney Melinda Kaufmann appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Minutes, Regular Meeting, November 18, 2009
Page 3
Docket #FIC 2009-301 Michael Carlo v. Board of Education, Vernon Public Schools
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-352 Robert Gross v. Program Planning Department, Town of Wallingford; and Town of Wallingford
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Colleen Murphy reported on the New Britain Superior Court Memorandum of Decision in Commissioner, Dept. of Public Safety, Commissioner, Dept. of Correction v. Freedom of Information Commission, Peter Sachs; AFSCME, Council 4, Local 387, 391 and 1565 v. Freedom of Information Commission, Peter Sachs; State of CT, Judicial Branch v. Freedom of Information Commission, Peter Sachs; Commissioner, Dept. of Children and Families v. Freedom of Information Commission, Peter Sachs; and Assessor, Town of North Stonington, et al. v. Freedom of Information Commission, Peter Sachs..
Victor R. Perpetua reported on pending appeals.
The Commissioners officially commended Executive Director Colleen M. Murphy for her Recognition as the Hartford Business Journal’s Public Sector Business Leader of the Year.
The meeting was adjourned at 3:22 p.m.
______________________
Thomas A. Hennick
*SEE ATTACHED FOR CORRECTION and AMENDMENTS
MINREG meeting 11182009/tah/11202009
Minutes, Regular Meeting, November 18, 2009
Page 4
CORRECTION and AMENDMENTS
Docket #FIC 2008-761 Jason Casiano v. Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; and Craig Sullivan, Corporation Counsel, City of Waterbury
The Hearing Officer’s Report is corrected as follows:
14. It is found that the arrest logs provided in response to paragraphs 6.c and [6.c] 6.d, above, were redacted to eliminate cases that were nolle’d or dismissed. None of the redacted information pertains to the complainant.
16. The Commission notes that the complainant is seeking records concerning his own August 13, 1995 arrest, because he was brought into the Waterbury police station and searched, but has been unable to locate any Waterbury police department records THAT reflect that occurrence.
Docket #FIC 2008-790 Anthony Oliphant v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Paragraph 17 of the Hearing Officer’s Report is amended as follows:
17. It is found that the respondent Chief is directly responsible for the violations of the FOI Act and that he acted without reasonable grounds. HOWEVER, THE COMMISSION, IN ITS DISCRETION, DECLINES TO IMPOSE A CIVIL PENALTY.
The order in 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. Forthwith, the respondent Chief of Police James M. Lewis shall remit a civil penalty in the amount of $100.00 to this Commission.]
1. HENCEFORTH, THE RESPONDENTS SHALL STRICTLY COMPLY WITH THE PROMPTNESS REQUIREMENT S OF §1-212 (a) G.S.