TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of April 14, 2010
A regular meeting of the Freedom of Information Commission was held on April 14, 2010, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:08 p.m. with the following Commissioners present:
Commissioner Andrew J. O’Keefe, presiding
Commissioner Sherman D. London
Commissioner Norma E. Riess
Commissioner Owen P. Eagan
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Gregory F. Daniels, Kathleen K. Ross, Lisa F. Siegel, 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 March 24, 2010.
The Commissioners unanimously approved a request for reconsideration dated March 19, 2010 filed by Nicole Anker in Jose Arcia v. Director, State of Connecticut, Department of Correction, Maloney Center for Training and Staff Development; and State of Connecticut, Department of Correction, Docket #FIC 2009-264. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Docket #FIC 2009-252 Albert Farah v. Commissioner, State of Connecticut, Department of Public Safety; State of Connecticut, Department of Public Safety; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
Albert Farah participated via speakerphone. Nicole Anker appeared on behalf of the respondent Department of Correction. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Minutes, Regular Meeting, April 14, 2010
Page 2
Docket #FIC 2009-272 Gary Cooke v. Joseph Gaudett, Acting Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
Gary Cooke participated via speakerphone. Attorney Melanie Howlett appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2007-585 Alexander Wood, Jenna N. Carlesso, and The Manchester Journal Inquirer v. Director, Human Resources, Town of Enfield; Department of Human Resources, Town of Enfield; and Duane Tompkins
Alexander Wood appeared on behalf of the complainants. Attorney Elliott Spector appeared on behalf of Duane Tompkins. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-241 Edward Lazu v. Director, Office of Human Relations, City of Hartford; and City of Hartford
Attorney John Rose appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-249 Beth Denton v. Chairman, Board of Commissioners, West Shore Fire District; and Board of Commissioners, West Shore Fire District
The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.*
Docket #FIC 2009-278 Elizabeth Benton and the New Haven Register v. Superintendent of Schools, New Haven Public Schools; and Board of Education, New Haven Public Schools
Elizabeth Benton appeared on behalf of the complainants. Attorney Kathleen Foster 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, April 14, 2010
Page 3
Docket #FIC 2009-442 Thomas Germain v. Sarah Becker, Town Clerk, Town of Old Saybrook; and Town of Old Saybrook
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-445 Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook
Lamberto Lucarelli appeared on his own behalf. Attorney Kate Gillespie 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 recorded digitally.
Docket #FIC 2009-493 Donald A. Moses v. Planning and Zoning Commission, Town of Hamden
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-551 Kevin Brookman v. John Rose, Corporation Counsel, Office of the Corporation Counsel, City of Hartford; and City of Hartford
Kevin Brookman appeared on his own behalf. Attorney John Rose appeared on behalf of the respondents. The Commissioners unanimously voted to remand the matter to the Hearing Officer for the submission of in camera documents by the respondents with an index of records for which the respondents claim exemptions to disclosure. The proceedings were recorded digitally.
Docket #FIC 2009-592 Ansonia Copper & Brass, Inc. v. Freedom of Information Officer, City of Waterbury; and City of Waterbury
Attorney Thomas Armstrong appeared on behalf of the complainant. Attorney Kevin Daly 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, April 14, 2010
Page 4
Docket #FIC 2009-593 Donald Niles, Jr. v. Mayor, City of Groton; and City of Groton
Donald Niles Jr. appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Clifton A. Leonhardt reported on a proposed release and settlement agreement in Pension Board of the Policemen’s and Fireman’s Retirement Fund, James Kottage, Wendy Mongillo, and Jerome Sagnella v. Freedom of Information Commission, and Gerald Fanfarelli, Docket No. HHB-CV-09-4021627. The Commissioners unanimously voted to authorize Attorney Leonhardt to approve and sign the agreement.
Colleen M. Murphy reported on the annual Freedom of Information Conference held April 8, 2010.
Colleen M. Murphy announced the resignation of Commissioner Dennis O’Connor and read a letter from him into the record. (Copy attached)s.
Colleen M. Murphy reported on legislation.
The meeting was adjourned at 4:35 p.m.
______________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS and CORRECTION
MINREG meeting 04142010/tah/04152010
Minutes, Regular Meeting, April 14, 2010
Page 5
AMENDMENTS and CORRECTION
Docket #FIC 2009-264 Jose Arcia v. Director, State of Connecticut, Department of Correction, Maloney Center for Training and Staff Development; andState of Connecticut, Department of Correction
Paragraphs 17 and 23 of The Hearing Officer’s Report are amended as follows:
17. Based upon careful review of the in camera documents, it is found that IC-2009-264-21 through IC-2009-264-23, IC-2009-264-51 and IC-2009-264-52, and IC-2009-264-69 through IC-2009-264-72 are exempt from mandatory disclosure by virtue of §1-210(b)(18), G.S. Accordingly, it is concluded that the respondents did not violate the FOI Act by denying the complainant such records.
23. It is concluded, therefore, that IC-2009-264-1 through IC-2009-264-20, IC-2009-264-24 through IC-2009-264-50, IC-2009-264-53 through IC-2009-264-68, and IC-2009-264-73, are not exempt from disclosure. It is concluded that the respondents violated the FOI Act by failing to provide copies of such records to the complainant.
Docket #FIC 2009-445 Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook
The order in the Hearing Officer’s Report is amended as follows:
3. The respondents shall make a diligent search for tape recordings of any additional voice mail messages and shall provide an affidavit to the complainant indicating the results of such search and shall also provide the complainant with a copy of any additional tape recordings it finds.
Minutes, Regular Meeting, April 14, 2010
Page 6
Docket #FIC 2009-249 Beth Denton v. Chairman, Board of Commissioners, West Shore Fire District; and Board of Commissioners, West Shore Fire District
The Hearing Officer’s Report is corrected as follows:
19. It is found that, given that attendance at the April 8, 2009 meeting was within the range of normal attendance, that the subject of the Home Rule Committee had been discussed at the previous meeting and announced then as a matter for the April 8 meeting, that no person was denied the right to attend the April 8 meeting, and that the respondents’ actions in changing the meeting date to April 8 was intended to increase attendance, the Commission in its discretion declines to declare null and [a]void any action taken at the meeting.
To my dearest friends at the Commission, April 14, 2010
By now, I am sure, you have learned of my resignation from the Commission. While it may appear sudden, it's something Mary and I have been thinking about for some time, and after more than 70 years in Connecticut, we decided to move to Florida on a permanent basis.
I didn't want to leave, though, without expressing my heartfelt gratitude to each of you for the kindness you have shown me over the years. You made it such a pleasure. Whether coming in for a hearing or a Commission meet, I was always greeted with a smile. As I bungled my way through some of those early hearings, you showed nothing but patience and made me look good despite myself.
Thanks again for everything. The State of Connecticut is very fortunate to have such a wonderful group of dedicated people.
Dennis O’Connor