TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of April 27, 2011
A regular meeting of the Freedom of Information Commission was held on April 27, 2011, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:16 p.m. with the following Commissioners present:
Commissioner Norma E. Riess, presiding
Commissioner Sherman D. London
Commissioner Owen P. Eagan
Commissioner Amy J. LiVolsi (participated via speakerphone)
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen R. Ross, 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 April 13, 2011.
Docket #FIC 2010-284 Faroulh Dorlette v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction
Faroulh Dorlette 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 partially recorded digitally.
Docket #FIC 2010-440 Faroulh Dorlette v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction
Faroulh Dorlette participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were partially recorded digitally.
Minutes, Regular Meeting, April 27, 2011
Page 2
Docket #FIC 2010-296 Angel Caballero v. Lauren Powers, Deputy Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-287 Robin Elliott v. Deputy Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction
Robin Elliott participated via speakerphone. Attorney James Neil 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 2010-320 Robin Elliott v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut
Robin Elliott 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.
Docket #FIC 2010-300 Susan Servin and Frank Servin v. Chief, Police Department, City of Milford; and Police Department, City of Milford
Attorney R. Bartley Halloran appeared on behalf of the complainants. Attorney James Tallberg 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 2010-311 Margaret Miner and the Rivers Alliance of Connecticut v. Commissioner, State of Connecticut; Department of Public Works; and State of Connecticut, Department of Public Works
Margaret Miner appeared on her own behalf. Assistant Attorney General Charles Walsh and Attorney Janis Small 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, April 27, 2011
Page 3
Docket #FIC 2010-328 Paul J. Ganim and the Bridgeport Probate Court v. State of Connecticut, Office of the Chief Medical Examiner
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-341 Nancy J. Schmidt v. Board of Education, Oxford Public Schools
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-355 James Torlai v. Commissioner, State of Connecticut, Department of Public Safety, Legal Affairs Unit; and State of Connecticut, Department of Public Safety, Legal Affairs Unit
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-458 James Torlai v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-365 Michael Sikoski v. Board of Ethics, Town of Mansfield
Attorney Dennis O’Brien appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2010-394 James Hanton v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, April 27, 2011
Page 4
Docket #FIC 2010-408 Maria Pereira, Sauda Baraka and Bobby Simmons v. Patrick Crossin, Chair, Finance Committee, Board of Education, Bridgeport Public Schools; Barbara Bellinger, President and Member, Finance Committee, Board of Education, Bridgeport Public Schools; Leticia Colon, Vice President and Member, Finance Committee, Board of Education, Bridgeport Public Schools; and Finance Committee, Board of Education, Bridgeport Public Schools
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Victor R. Perpetua and Eric V. Turner reported on the Supreme Court decision in James A. Lash et al. v. Freedom of Information Commission et al., officially released April 5, 2011.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy acknowledged the pending retirement of paralegal Petrea Jones, whom she cited for her tireless, low key efforts on behalf of the commission. Commissioners offered their thanks and a round of applause.
Colleen M. Murphy also reported that Commissioner Eagan had been renominated by the Governor and confirmed by the House of Representatives for a full term on the commission and that Commissioner LiVolsi also had been renominated with her confirmation hearing scheduled for April 28. Colleen M. Murphy also reported on legislation.
The meeting was adjourned at 4:29 p.m.
_________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS
MINREGmeeting 04272011/tah/04282011
Minutes, Regular Meeting, April 27, 2011
Page 5
CORRECTIONS and AMENDMENTS
Docket #FIC 2010-287 Robin Elliott v. Deputy Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction
The Hearing Officer’s Report is amended as follows:
The body of the Hearing Officer’s Report is deleted and the following is inserted:
ON APRIL 27, 2011, THE COMPLAINANT DECLARED THAT HE WAS WITHDRAWING HIS COMPLAINT IN THIS MATTER. THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. BASED ON THE WITHDRAWAL OF THE COMPLAINT, THE COMPLAINT IS HEREBY DISMISSED. [1. Henceforth, the respondents shall comply with the promptness requirements of the FOI Act.]
Docket #FIC 2010-300 Susan Servin and Frank Servin v. Chief, Police Department, City of Milford; and Police Department, City of Milford
The Hearing Officer’s Report is amended as follows:
[29. It is concluded that matters regarding the retention and destruction of public records are within the purview of the state’s Public Records administrator, pursuant to §11-8a, G.S.
30. Accordingly, it is concluded that the respondents did not violate the FOI Act as alleged.]
Minutes, Regular Meeting, April 27, 2011
Page 6
29. HOWEVER, IT IS ALSO FOUND THAT THE RESPONDENTS FAILED TO MAINTAIN THE RECORDS AT ISSUE, WHICH RECORDS WERE FIRST REQUESTED ON DECEMBER 7, 2009 AND AGAIN ON MAY 3, 2010, AND FAILED TO PROVIDE THEM PROMPTLY, TO THE COMPLAINANT, WHILE THEY STILL EXISTED.
30. IT IS THEREFORE CONCLUDED THAT THE RESPONDENTS VIOLATED SECTIONS 1-210(A) AND 1-212(A), 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.]
1. HENCEFORTH, THE RESPONDENTS SHALL STRICTLY COMPLY WITH THE PROMPTNESS AND DISCLOSURE PROVISIONS OF 1-210(A) AND 1-212(A), G.S.