TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of October 27, 2010
A regular meeting of the Freedom of Information Commission was held on October 27, 2010, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:06 p.m. with the following Commissioners present:
Commissioner Andrew J. O’Keefe, presiding
Commissioner Sherman D. London
Commissioner Norma E. Riess (participated via speakerphone)
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 October 13, 2010.
Docket #FIC 2009-752 Luis Martinez v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury
Luis Martinez participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-776 Timothy Dobson v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
Timothy Dobson participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, October 27, 2010
Page 2
Docket #FIC 2009-781 Jose Ayuso v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; and City of Hartford
Jose Ayuso participated via speakerphone. Attorney Edmund Schenkel appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-668 Arthur Smith v. Chief Audit and Compliance Officer, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics
Arthur Smith appeared on his own behalf. Assistant Attorney General Ralph Urban appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
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 adopt the Hearing Officer’sReport. The proceedings were recorded digitally.
Docket #FIC 2009-719 Brandon Mitchell v. Chief, Police Department, City of New London; and Police Department, City of New London
Attorney Brian Estep appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-769 Michael Selvaggi v. Chairman, State of Connecticut, Connecticut State Advisory Council on Special Education; State of Connecticut, Connecticut State Advisory Council on Special Education; and State of Connecticut, Department of Developmental Services, Family Support Council
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, October 27, 2010
Page 3
Docket #FIC 2009-782 Douglas O'Meara v. Legal Affairs Unit, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
Attorney Benjamin Blake appeared on behalf of the complainant. 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 2010-001 Daniel Schwartz v. Assistant Director of Compliance/Privacy, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics
Daniel Schwartz appeared on his own behalf. Assistant Attorney General Michael Sullivan appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
Docket #FIC 2010-007 Daniel Schwartz v. Assistant Director of Compliance/Privacy, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics
Daniel Schwartz appeared on his own behalf. Assistant Attorney General Michael Sullivan appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2010-137 Bill Effros v. Sidney Freund , Superintendent of Schools, Greenwich Public Schools; Christopher Winters, Headmaster, Greenwich High School; and Greenwich Public Schools
The Commissioners unanimously voted to accept the complainant’s withdrawal in the matter dated October 22, 2010 and adopt a Hearing Officer’s Report as amended to reflect the post-hearing withdrawal.*
Minutes, Regular Meeting, October 27, 2010
Page 4
Docket #FIC 2010-151 Bill Effros v. Donald Mohr, Supervisor, Parks and Recreation Department, Town of Greenwich; and Town of Greenwich
The Commissioners unanimously voted to accept the complainant’s withdrawal in the matter dated October 22, 2010 and adopt a Hearing Officer’s Report as amended to reflect the post-hearing withdrawal.*
The Commissioners denied the 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. The Commissioners denied a request for a stay of the in camera order. Attorney John Cizik appeared on behalf of the intervenor, Steven Hayes. Attorney Tim Jensen appeared on behalf of the Hartford Courant.
Without taking formal action, the Commissioners declined to authorize an appeal of New Britain Superior Court Memorandum of Decision in Office of the Corporation Counsel, City of Hartford v. Freedom of Information Commission et al. dated October 12, 2010. At the request of Chairman O’Keefe, the Commission ordered the official record to indicate that the Commission firmly believed that its decision in the matter was correct and that it disagreed strongly with the court ruling, but that, under the doctrine “de minimis non curat lex,” because the dispute was over a fee of $27.50, an appeal would be a waste of valuable resources.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy told commissioners that a change in the November meeting schedule for the commission was being contemplated.
The meeting was adjourned at 4:07 p.m.
_________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS
MINREG meeting 10272010/tah/10282010
Minutes, Regular Meeting, October 27, 2010
Page 5
CORRECTIONS and AMENDMENTS
Docket #FIC 2009-668 Arthur Smith v. Chief Audit and Compliance Officer, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics
The Hearing Officer’s Report was corrected as follows:
23. It is found that, when respondents’ Assistant Director of Compliance/Privacy received the complainant’s October Request for records, she contacted the following individuals to have their respective departments and offices search for records responsive to the complainant’s request: 1) [Kathy] KELLY Jones, from the Office of Diversity and Equity; 2) Jackie Soroka, from the Office of Student Employment; 3) Scott Harmon, from the Dining Services Department; 4) Dennis Pierce, from the Dining Services Department; 5) Judy Watson, from the Human Resources Department; and 6) Michael [Eagan] EAGEN, from the Human Resources Department.
24. It is further found that, with the exception of Dennis Pierce,[i] the respondents’ Assistant Director of Compliance/Privacy contacted each of the individuals listed in paragraph 23, above, again and reviewed the complainant’s October Request with them, paragraph by paragraph, in order to ensure compliance. It is found that, at the time the respondents’ Assistant Director of Compliance/Privacy reviewed the complainant’s October Request with Ms. Jones, Ms. Soroka, Mr. Harmon, Ms. Watson and Mr. [Eagan] EAGEN, each of these individuals had a copy of the complainant’s request in their possession. It is further found that the respondents’ Assistant Director of Compliance/Privacy instructed the individuals listed in paragraph 23, above, to inquire with everyone in their respective offices and departments as to whether any individual had records that would be responsive to the complainant’s October Request. Finally, it is found that the respondents’ Assistant Director of Compliance/Privacy instructed the individuals listed paragraph 23, above, to inform her whether they believed some other office might be in possession of responsive records.
Minutes, Regular Meeting, October 27, 2010
Page 6
Docket #FIC 2010-001 Daniel Schwartz v. Assistant Director of Compliance/Privacy, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethicspending claims and litigation.
The Hearing Officer’s Report was corrected as follows:
10. It is found that, during the relevant period of time, five attorneys (Michael Sullivan, Ralph Urban, Antoria Howard, Josephine [Graf] GRAFF, and Michael [Egan] EAGEN) each provided legal advice to the University of Connecticut concerning the complainant. A proceeding initiated by the complainant before the Commission on Human Rights and Opportunities remained pending on appeal as of the date of the hearing in this contested case. Cecile Baccanale, as Director of the Office of Animal Research Services, received and transmitted emails from and to attorneys providing legal advice to the University of Connecticut concerning the complainant.
17. Based upon the in camera inspection, it is found that record IC-2010-001-33 is a preliminary draft, marked as a “draft”, memorializing a discussion. A transmittal email for the draft expressly requests the recipient of the email to review and edit the draft. Thus, the draft, which was prepared by a member of the staff, was subject to revision prior to being [discussion] DISCUSSED as a basis for any University of Connecticut decisions. It is also found that the respondents determined that the public interest in withholding IC-2010-001-33 clearly outweighs the public interest in disclosure.
Docket #FIC 2010-137 Bill Effros v. Sidney Freund , Superintendent of Schools, Greenwich Public Schools; Christopher Winters, Headmaster, Greenwich High School; and Greenwich Public Schools
The Hearing Officer’s report is amended to begin with the following:
ON OCTOBER 22, 2010, THE COMPLAINANT FILED A WITHDRAWAL OF THE COMPLAINT WITH THE COMMISSION. THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.
Paragraphs 1-15 are then deleted.
Minutes, Regular Meeting, October 27, 2010
Page 7
Docket #FIC 2010-151 Bill Effros v. Donald Mohr, Supervisor, Parks and Recreation Department, Town of Greenwich; and Town of Greenwich
The Hearing Officer’s report is amended to begin with the following:
ON OCTOBER 22, 2010, THE COMPLAINANT FILED A WITHDRAWAL OF THE COMPLAINT WITH THE COMMISSION. THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.
Paragraphs 1-17 are then deleted.