TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of October 13, 2010

           

 

A regular meeting of the Freedom of Information Commission was held on October 13, 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

             Commissioner Owen P. Eagan

             Commissioner Amy J. LiVolsi                                            

                                            

           

Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Lisa F. Siegel, 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 September 22, 2010.                                      

            

Docket #FIC 2009-731           Jose Arcia v. Chief, Police Department, City of Hartford; and Police Department, City of Hartford

 

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

 

 

Docket #FIC 2009-734           Joe Burgos Vega v. Warden, State of Connecticut, Department of Correction, Garner Correctional Institution; and State of Connecticut, Department of Correction

 

               Joe Burgos Vega participated via speakerphone. Attorney Nancy Kase O’Brasky 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, October 13, 2010

Page 2

 

 

 

Docket #FIC 2009-774           Ian Wright v. Warden, State of Connecticut, Department of Correction, Cheshire Correctional Institution; and State of Connecticut, Department of Correction

 

              Ian Wright participated via speakerphone. Assistant Attorney General Steven Strom appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-620           John Carbone v. Superintendent of Schools, Clinton Public Schools; and Board of Education, Clinton Public Schools

 

              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 2009-634           Sharon Wyatt, Barbara Major, Sherry Pardy and Nicole Dallas v. Superintendent of Schools, New London Public Schools; and Board of Education, New London Public Schools

 

             Sharon Wyatt appeared on behalf of the complainants. Attorney Richard O’Connell appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-642           Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook

 

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

 

 

Docket #FIC 2009-728           Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook

 

               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, October 13, 2010

Page 3

 

Docket #FIC 2009-710           Thomas V. Daily v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety

                                               

                 Thomas Daily appeared on his own behalf. Assistant Attorney General Terrence O’Neill appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-736           James Torlai v. Chief, Police Department, Town of Wolcott; and Police Department, Town of Wolcott

                                               

               James Torlai appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-770           James Torlai v. Commissioner, State of Connecticut, Department of Public Safety, Division of State Police; and State of Connecticut, Department of Public Safety, Division of State Police

 

                 James Torlai appeared on his own behalf. 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.

 

                 Commissioners granted a request to postpone their consideration of Intervenor’s Appeal to the Full Commission from the Order of the Hearing Officer for In Camera Review of Unredacted Documents, dated October 5, 2010, in Alaine Griffin and the Hartford Courant v. Brian Murphy, Commissioner, State of Connecticut, Department of Correction; Joan Ellis, Administrator, State of Connecticut, Department of Correction, Docket #FIC 2010-180. 

 

                  Victor R. Perpetua reported on pending appeals.

 

                   Colleen M. Murphy reported that interviews of candidates for the commission’s legislative liaison position were underway.

 

                   The meeting was adjourned at 3:35 p.m.

 

_________________

Thomas A. Hennick

 

 

*SEE ATTACHED FOR AMENDMENTS

MINREG meeting 10132010/tah/10142010

Minutes, Regular Meeting, October 13, 2010

Page 4

 

 

AMENDMENTS

Docket #FIC 2009-620           John Carbone v. Superintendent of Schools, Clinton Public Schools; and Board of Education, Clinton Public Schools

 

 

             The Hearing Officer’s Report was amended as follows:

 

 

19.  [While it is generally true that a requestor need not explain his motive for requesting records, in this case the Superintendent’s inquiry was not so much to ascertain the complainant’s motive as to dissuade him from pursuing a course that the Superintendent believed was not conducive to harmony among Board members.  It is also found that the complainant’s access to the requested records was not conditioned on his explaining his motive. It is further found that the Superintendent’s question had more to do with the complainant’s conduct as a board member than with the complainant’s records request per se.] WHILE THE COMMISSION UNDERSTANDS THAT THE SUPERINTENDENT INTENDED TO DEFUSE TENSIONS BETWEEN BOARD MEMBERS, AND DID NOT WITHHOLD THE REQUESTED RECORDS, THE COMMISSION ADVISES HIM THAT INQUIRY INTO THE PURPOSE FOR WHICH RECORDS ARE SOUGHT IS STRICTLY PROHIBITED.

 

 

[20.  It is therefore concluded that the respondent Superintendent did not violate the FOI Act by questioning the complainant about his motive.]

 

[21.] 20.  With respect to the executive session at the October 5, 2009 meeting, the respondents contend that the executive session was permitted as a discussion of strategy with respect to pending claims and litigation.

 

[22.] 21.  It is found, however, that no actual strategy was discussed at the October 5, 2009 executive session.

 

[23.] 22. It is concluded that the respondents violated §1-200(6), G.S.

 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

[1. The complaint is dismissed as to the respondent Superintendent.]

 

[2.] 1.  Henceforth the respondent Board shall strictly comply with the requirements of §1-200(6), G.S.

 

Minutes, Regular Meeting, October 13, 2010

Page 5

 

 

Docket #FIC 2009-728           Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook

 

            Paragraph 7 of  the Hearing Officer’s Report is amended as follows:

 

            7.  It is found that the respondents provided the complainant with copies of the personnel files of Christopher [Michael Spera] DEMARCO (124 pages) and David Perrotti (53 pages) on February 8, 2010, and February 10, 2010, respectively.  It is found that the respondents waived copying fees for such records.   

           

Docket #FIC 2009-770           James Torlai v. Commissioner, State of Connecticut, Department of Public Safety, Division of State Police; and State of Connecticut, Department of Public Safety, Division of State Police

 

              The order in the Hearing Officer’s Report is amended as follows:

 

            3.  FORTHWITH, THE RESPONDENTS SHALL PROVIDE TO THE COMPLAINANT UNREDACTED COPIES OF THE RECORDS RESPONSIVE TO THE REQUEST DESCRIBED IN PARAGRAPH 2, ABOVE, AND MORE PARTICULARLY DESCRIBED IN PARAGRAPH 5(A), ABOVE, THAT WERE WITHHELD PURSUANT TO §1-215, G.S.

 

            4.  ENFORCEMENT OF PARAGRAPH 3 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).