20100908MRM

TO: Freedom of Information Commission

FROM: Thomas A. Hennick

RE: Minutes of the Commission’s regular meeting of September 8, 2010

A regular meeting of the Freedom of Information Commission was held on September 8, 2010, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 1:04 p.m. with the following Commissioners present:

Commissioner Sherman D. London, presiding

Commissioner Norma E. Riess (participated via speakerphone)

Commissioner Owen P. Eagan

Commissioner Amy J. LiVolsi.

Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, 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 August 25, 2010.

Docket #FIC 2009-638 Curt Rivard v. Chief, Police Department, City of New London; Cynthia Johnson, Records Clerk, Records Division, Police Department, City of New London; and Police Department, City of New London

Curt Rivard participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2009-649 Adam Carmon v. James Lewis, Chief, Police Department, City of New Haven; Police Department, City of New Haven

Adam Carmon participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Minutes, Regular Meeting, September 8, 2010

Page 2

Docket #FIC 2009-672 Luis Fernandez v. Chief, Police Department, City of Danbury; and Police Department, City of Danbury

Luis Fernandez participated via speakerphone. 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. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended and corrected.* The proceedings were recorded digitally.

Docket #FIC 2009-566 Dennis Guaglianone v. Chairman, Government Access TV Committee, City of Milford; and Government Access TV Committee, City of Milford

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2009-678 Ethan Book, Jr. v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport

Ethan Book Jr. appeared on his own behalf. Attorney Melanie Howlett appeared on behalf of the respondents. The Commissioners unanimously voted to remand the matter to the Hearing Officer. The proceedings were recorded digitally.

Docket #FIC 2009-759 Donal C. Collimore v. City Attorney, City of Bridgeport; and City of Bridgeport

Donal C. Collimore appeared on his own behalf. Attorney Melanie Howlett 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.

Minutes, Regular Meeting, September 8, 2010

Page 3

Docket #FIC 2009-760 Donal C. Collimore v. Planning and Zoning Commission, City of Bridgeport, and City of Bridgeport

Docket #FIC 2009-761 Regensburger Enterprises v. Planning and Zoning Commission, City of Bridgeport; and City of Bridgeport

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2009-762 Donal C. Collimore v. Records Official, City Council, City of Bridgeport; and City Council, City of Bridgeport

Docket #FIC 2009-763 Donal C. Collimore v. Mayor, City of Bridgeport; and City of Bridgeport

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2009-764 Donal C. Collimore v. Ethics Commission, City of Bridgeport; and City of Bridgeport

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Minutes, Regular Meeting, September 8, 2010

Page 4

Attorney Kathleen K. Ross reported on the Superior Court, Judicial District of New Britain decision dated August 26, 2010 in Lamberto Lucarelli v. Freedom of Information Commission. Commissioners took no action on the matter.

Colleen M. Murphy reported on pending appeals.

Colleen M. Murphy reported to commissioners that the 35^th anniversary of the Freedom of Information Act would be celebrated at an event being planned by the Connecticut Foundation for Open Government on November 18, 2010.

The meeting was adjourned at 2:22 p.m.

______________________

Thomas A. Hennick

*SEE ATTACHED FOR AMENDMENTS and CORRECTIONS

MINREG meeting 09082010/tah/09102010

Minutes, Regular Meeting, September 8, 2010

Page 5

AMENDMENTS and CORRECTION

Docket #FIC 2009-551 Kevin Brookman v. John Rose, Corporation Counsel, Office of the Corporation Counsel, City of Hartford; and City of Hartford

Paragraph 48 of the Hearing Officer’s Report is corrected as follows:

48. Based upon the foregoing, it is concluded that the respondents violated the FOI Act by denying the complainant access to the records described in paragraph [4] 47, above.

Paragraph 56 of the Hearing Officer’s Report is amended as follows:

56. It is found that the respondent Rose, ACTING IN HIS CAPACITY AS CORPORATION COUNSEL, is the individual who made the decision to withhold the records, or portions thereof, described in paragraphs 12, 23, 30, 32, 40, 42, 50, 51 and 52 above, from the complainant, and that therefore, the respondent Rose is the official directly responsible for the denial of the right to inspect the records, or portions thereof, described in paragraphs 12, 23, 30, 32, 40, 42, 50, 51 and 52 above, as created by §§1-210(a) and 1-212(a), G.S. It is further found that such denial was without reasonable grounds.

Docket #FIC 2009-759 Donal C. Collimore v. City Attorney, City of Bridgeport; and City of Bridgeport

Paragraph 1 of the order in the Hearing Officer’s Report is amended as follows:

1. The respondents shall forthwith provide to the complainant, free of charge, a copy of any requested records that have not previously been provided. In the event that all responsive records have been provided to the complainant, the respondents or their designee shall so inform the complainant by affidavit, SIGNED BY THE RESPONDENT CITY ATTORNEY, WITHIN 30 DAYS.

Minutes, Regular Meeting, September 8, 2010

Page 6

Docket # FIC 2009-760; Donal C. Collimore Planning and Zoning Commission, City of Bridgeport; and City of Bridgeport

Paragraph 1 of 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. The respondents shall forthwith provide to the complainant, free of charge, a copy of all requested records that have not previously been provided. In the event that all responsive records have been provided to the complainant, the respondents or their designee shall so inform the complainant by affidavit, SIGNED BY THE DIRECTOR OF THE RESPONDENT COMMISSION, WITHIN 30 DAYS.

Docket #FIC 2009-762 Donal C. Collimore v. Records Official, City Council, City of Bridgeport; and City Council, City of Bridgeport

Paragraph 1 of 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. The respondents shall forthwith provide to the complainant, free of charge, a copy of

any requested records that have not previously been provided. THE RESPONDENTS SHALL INFORM THE COMPLAINANT BY AFFIDAVIT, SIGNED BY THE CITY CLERK, WITHIN 30 DAYS, WHETHER OR NOT RECORDS EXIST PERTAINING TO THE APPOINTMENT OF THOMAS FEDELE TO THE BRIDGEPORT PLANNING AND ZONING COMMISSION.