TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s special meeting of December 15, 2010

           

 

A special meeting of the Freedom of Information Commission was held on December 15, 2010, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. At the outset of the meeting, Colleen M. Murphy administered the oath of office to new commissioner Robert F. Kappes. The meeting convened at 2:08 p.m. with the following Commissioners present:

 

             Commissioner Sherman D. London, presiding

             Commissioner Norma E. Riess

             Commissioner Owen P. Eagan

             Commissioner Amy J. LiVolsi

             Commissioner Robert F. Kappes

                                               

Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Alvin R. Wilson, 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 November 17, 2010.

            

Docket #FIC 2010-017           Keith Crow v. Warden, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; and State of Connecticut, Department of Correction

 

              Assistant Attorney General Steven Strom 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 2010-040        Andres Sosa v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

               Andres Sosa participated via speakerphone. Attorney Nicole Anker appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.

Minutes, Special Meeting, December 15, 2010

Page 2

 

 

Docket #FIC 2010-048           John Sylvia v. Freedom of Information Officer, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

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

 

 

Docket #FIC 2010-024           Priscilla Dickman v. Director, Health Affairs Policy, Department of Community Medicine and Health Care, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center

 

              Priscilla Dickman appeared on her own behalf. Assistant Attorney General Donald Green appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2010-092           Priscilla Dickman v. Director, Health Affairs Policy Planning, Department of Community Medicine and Health Care, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center

 

              Priscilla Dickman appeared on her own behalf. Assistant Attorney General Donald Green appeared on behalf of the respondents.  The Commissioners voted, 4-1, to adopt the Hearing Officer’s Report. Commissioner Kappes voted against adoption. The proceedings were recorded digitally.

 

 

Docket #FIC 2010-026           The Greenwich Time v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health

 

             The Hearing Officer’s Report was withdrawn.

 

 

Docket #FIC 2010-032           Albert Karpus v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport

 

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

 

 

 

Minutes, Special Meeting, December 15, 2010

Page 3

 

 

 

Docket #FIC 2010-043           Ronald Sydor v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health

 

               Ronald Sydor appeared on his own behalf. Assistant Attorney General Tanya DeMattia 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 2010-068           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 2010-069           Jeffrey T. Roets and the Wethersfield Federation of Teachers v. Superintendent of Schools, Wethersfield Public Schools; and Wethersfield Public Schools

                                               

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

 

 

Docket #FIC 2010-070           Adam Osmond v. Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services, Division of Special Revenue

 

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

 

               

Docket #FIC 2010-077           Adam Osmond v. Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families

 

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

 

 

 

 

Minutes, Special Meeting, December 15, 2010

Page 4

 

 

Docket #FIC 2010-098           Nicholas Novia v. Adam Heller, Director, Information Technology Services, City of Bridgeport; Michael Feeney, Comptroller, City of Bridgeport; Fleeta Hudson, City Clerk, City of Bridgeport; Mark Anastasi, City Attorney, City of Bridgeport; and City of Bridgeport

 

                Nicholas Novia appeared on his own behalf. Attorney Edmund Schmidt appeared on behalf of the respondents. The Commissioners unanimously voted twice 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 2010-290           Thomas J. White, Legislative Services Director, City of Bridgeport v. City Clerk, City of Bridgeport

 

              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 Commissioners voted unanimously to adopt a resolution (attached) as part of a settlement agreement in Commissioner, State of Connecticut, Department of Corrections and Commissioner, State of Connecticut, Department of Environmental Protection v. Freedom of Information Commission and John Sylvia. 

 

            Victor R. Perpetua reported on pending appeals.

 

                Colleen M. Murphy introduced Alvin R. Wilson, the commission’s new legislative liaison.

                 

                 Colleen M. Murphy reported that preparation had begun for the upcoming legislative session.

 

                   The meeting was adjourned at 4:23 p.m.

 

 

 

 

_________________

Thomas A. Hennick

 

 

*SEE ATTACHED FOR AMENDMENTS

MINSPEC meeting 12152010/tah/12162010

 

Minutes, Special Meeting, December 15, 2010

Page 5

 

AMENDMENTS

 

 

Docket #FIC 2010-017        Keith Crow v. Warden, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; and State of Connecticut, Department of Correction           

 

             The Hearing Officer’s Report is amended as follows:

 

 The above-captioned matter was heard as a contested case on September 23, 2010, at which time the complainant and respondents appeared and presented testimony, exhibits and argument on the complaint. The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

            [After consideration of the entire record, the following facts are found and conclusions of law are reached:]

 

            ON DECEMBER 14,  2010, THE COMPLAINANT FILED A WITHDRAWAL OF THE COMPLAINT IN THIS MATTER. THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.

 

            PARAGRAPHS 1-24 ARE DELETED.

 

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

 

[1. Forthwith, the respondents shall provide copies of the records described in paragraphs 19 and 22 of the findings of fact. 

 

2.   Henceforth, the respondents shall strictly comply with the promptness requirements of §§1-210(a) and 1-212(a), G.S.]

 

1.    THE COMPLAINT IS DISMISSED.

 

 

 

 

 

 

 

 

Minutes, Special Meeting, December 15, 2010

Page 6

 

 

Docket #FIC 2010-043           Ronald Sydor v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health

 

                    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 respondent Commissioner shall forthwith provide the complainant with a copy of the requested records, free of charge.

              [2.    The respondent Commissioner shall forthwith remit to the Commission a civil penalty in the amount of $1,000.00 (One Thousand Dollars).]

 

Docket #FIC 2010-098           Nicholas Novia v. Adam Heller, Director, Information Technology Services, City of Bridgeport; Michael Feeney, Comptroller, City of Bridgeport; Fleeta Hudson, City Clerk, City of Bridgeport; Mark Anastasi, City Attorney, City of Bridgeport; and City of Bridgeport

 

                   The Hearing Officer’s Report is amended as follows:

 

                   6.   By letter of complaint dated February [1] 10, 2010 and filed February 16, 2010, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to respond to his requests for records.  In the complaint, the complainant further indicated that he desired that the Commission fine the respondents.  In an amended statement dated March 20, 2010 and filed March 24, 2010, the complainant clarified that he was seeking that the Commission issue a civil penalty against Adam Heller, the Director of Information Technology Services; Finance Director Michael Feeney; City Clerk Fleeta Hudson; and City Attorney Mark Anastasi. 

 

 

                       53.  At the conclusion of the August 13, 2010 hearing, the hearing officer continued the hearing to September 17, 2010 so that the issue of the imposition of civil penalties could be considered and each of the respondents against whom the complainant sought a civil penalty could appear and provide testimony.  The respondent city attorney and the respondent director of technology appeared to testify at the [August 13] SEPTEMBER 17, 2010 hearing. 

 

 

 

 

 

Minutes, Special Meeting, December 15, 2010

Page 7

 

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

 

3.   The respondent city attorney shall, within twenty days of the notice of final decision in this matter, present the complainant with an estimate from a data recovery service to restore the back-up tapes created utilizing the Previous Software into a readable, searchable medium.  [If the complainant tenders the money to the respondent city attorney within two weeks of receiving said estimate, the] THE respondent city attorney shall search the back-up tapes, free of charge, for emails requested by the complainant in paragraph 3 of the findings, above.  Upon locating the responsive emails, the respondent city attorney shall provide all responsive emails to the complainant, free of charge, on CDs. 

         [4. The respondent city attorney shall, within 45 days of the notice of final decision in this matter, remit a civil penalty in the amount of $200.00 to the Commission.]

 

         [5.]  4. Henceforth, the respondent shall strictly comply with the provisions of §§1-210(a), and 1-212(a), G.S.

 

 

 

Docket #FIC 2010-290           Thomas J. White, Legislative Services Director, City of Bridgeportv. City Clerk, City of Bridgeport

 

 

 The Hearing Officer’s Report is amended as follows: The above-captioned matter was heard as a contested case on August 6, 2010, and October 26, 2010, at which times the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. 

 

[After consideration of the entire record, the following facts are found and conclusions of law are reached:]

 

            ON DECEMBER 15,  2010, THE COMPLAINANT FILED A WITHDRAWAL OF THE COMPLAINT IN THIS MATTER. THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.

 

             Paragraphs 1-11 are deleted.

 

 

 

 

 

 

 

 

Minutes, Special Meeting, December 15, 2010

Page 8

 

 

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

 

            [1.  Forthwith, the respondent shall provide to the complainant, free of charge, a copy of the requested records, related to the December 21, 2009 meeting, described in paragraph 2, above.

 

            2.  Henceforth, the respondent shall strictly comply with the requirements of §§1-210(a) and 1-212(a), G.S.]

 

 

1.   THE COMPLAINT IS DISMISSED.