TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of May 12, 2010
A regular meeting of the Freedom of Information Commission was held on May 12, 2010, 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 Andrew J. O’Keefe, presiding
Commissioner Sherman D. London (participated via speakerphone)
Commissioner Norma E. Riess (participated via speakerphone)
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, 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 April 28, 2010.
Docket #FIC 2009-335 Ricardo Leon v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury
Ricardo Leon participated via speakerphone. Attorney Kevin Daly appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-350 Curt Rivard v. Jon Brighthaupt, Deputy Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction
Curt Rivard participated via speakerphone. Attorney Nancy Canney 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, May 12, 2010
Page 2
Docket #FIC 2009-466 Curt Rivard v. Lauren Powers, Freedom of Information Officer and Deputy Warden, State of Connecticut, Northern Correctional Institution, Department of Correction; and State of Connecticut, Department of Correction
Curt Rivard participated via speakerphone. Attorney Nancy Canney appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-395 Constantinos Antonaras v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; Chief, Police Department, Town of Wethersfield; and Police Department, Town of Wethersfield
Constantinos Antonaras participated via speakerphone. Attorney Natalie Feola-Guerrieri and Attorney Jonathan Chapelle appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-308 Donald Gallo v. General Manager, South Norwalk Electric and Water; and South Norwalk Electric and Water
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-316 Stephen Whitaker v. Augustus Cavallari, Counsel, State of Connecticut, Department of Information Technology; Michael Varney, State of Connecticut, Department of Information Technology; and State of Connecticut, Department of Information Technology
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-321 John Patton v. Michael Eldredge, First Selectman, Town of Willington; Mark Palmer, Selectman, Town of Willington; and Board of Selectmen, Town of Willington
John Patton appeared on his own behalf. First Selectman Christina Mailhos appeared on behalf of the respondents. The Commissioners remanded the case to the Hearing Officer. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as revised and amended by the Hearing Officer .* The proceedings were recorded digitally.
Minutes, Regular Meeting, May 12, 2010
Page 3
Docket #FIC 2009-325 James Torlai v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
Assistant Attorney General Terrence O’Neill 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 2009-339 Joao Godoy v. Michael McKernan, Chief, Ledyard Fire Company; Karen Wilson, Member, Board of Directors, Ledyard Fire Company; and Ledyard Fire Company
Joao Godoy appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-345 Naimah Shabazz v. Corporation Counsel, City of Hartford; and City of Hartford
Naimah Shabazz appeared on her own behalf. Attorney John Rose appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-723 Franz Pielmeier v. Chairman, Historical Tree Restoration Committee, Town of Southbury; and Historical Tree Restoration Committee, Town of Southbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-737 Franz Pielmeier v. Chairman, Planning Commission, Town of Southbury; and Planning Commission, Town of Southbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, May 12, 2010
Page 4
Docket #FIC 2009-786 Franz R. Pielmeier v. Chairman, Inland Wetlands Commission, Town of Southbury; and Inland Wetlands Commission, Town of Southbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
The Commissioners unanimously voted to deny a motion to reconsider the final decision dated April 24, 2010 filed by Lamberto Lucarelli in Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook, Docket #FIC 2009-445.
Colleen M. Murphy informed the commissioners of the passing of former Commissioner Deane C. Avery.
Colleen M. Murphy reported on legislation.
Victor R. Perpetua reported on pending appeals.
The meeting was adjourned at 3:43 p.m.
______________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENT S
MINREG meeting 05122010/tah/0512010
Minutes, Regular Meeting, May 12, 2010
Page 5
AMENDMENTS
Docket #FIC 2009-321 John Patton v. Michael Eldredge, First Selectman, Town of Willington; Mark Palmer, Selectman, Town of Willington; and Board of Selectmen, Town of Willington
The Hearing Officer’s Report is amended as follows:
10. It is found, [that, while it is apparent that the decision to appeal the final decision was made by someone at some time, there is no evidence in the record that the decision was made at an unnoticed meeting attended by Mr. Eldredge and Mr. Palmer, and, further, that the complainant’s contentions are speculative.] BY REASONABLE INFERENCE FROM THE FACTS ON THE RECORD, THAT THE DECISION WAS MADE AT AN UNNOTICED MEETING ATTENDED BY MR. ELDREDGE AND MR. PALMER.
11. It is concluded, therefore, that the respondents [did not] violateD the FOI Act as alleged by the complainant. [and, consequently, the complainant’s request for civil penalties is denied.]
14. THE COMMISSION IN ITS DISCRETION DECLINES TO CONSIDER THE
IMPOSITION OF CIVIL PENALTIES.
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.] HENCEFORTH, THE RESPONDENTS SHALL COMPLY WITH THE PROVISIONS OF §1-225, G.S.
Docket #FIC 2009-325 James Torlai v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The order in the Hearing Officer’s Report is amended as follows:
[NEW] 3. ENFORCEMENT OF PARAGRAPH 1 OF THE ORDER IS STAYED UNTIL RESOLUTION OF THE APPEAL OF THE MEMORANDUM OF DECISION IN COMMISSIONER, STATE OF CONNECTICUT, DEPARTMENT OF PUBLIC SAFETY V. FREEDOM OF INFORMATION COMMISSION ET AL. (NO. CV 09 4020071S) (APRIL 21, 2010).