Connecticut Freedom of Information Commission

Due to public health concerns, CONTESTED CASE HEARINGS scheduled for the weeks of March 16 and March 23 are POSTPONED. The regular meeting of the FOI Commission scheduled for March 25, 2020, is CANCELED.

TO: Freedom of Information Commission
FROM: Paula S. Pearlman
RE: Minutes of the Commission’s regular meeting of July 11, 2012
DATE: July 13, 2012
     A regular meeting of the Freedom of Information Commission was held on July 11, 2012, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:09 p.m. with the following Commissioners present:
            
     Commissioner Norma E. Riess, presiding
     Commissioner Sherman D. London
     Commissioner Owen P. Eagan
     Commissioner Amy J. LiVolsi
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Matthew Streeter                                  
                                                                                        
     Also present were staff members Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Clifton A. Leonhardt, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, and Cindy Cannata.            
                      
     The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of June 27, 2012.
John Kaminski v. Director of Cash Management, Office of the Treasurer; and State of Connecticut, Office of the Treasurer
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
James Mitchell v. Chief, Police Department, City of Hartford; and Police Department, City of Hartford
     James Mitchell participated via speakerphone.  The Commissioners unanimously voted to
adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.
Vernon Horn v. Director of Security, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Attorney James Neil appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Michael Richetelli v. Jeanne Consiglio-Hoin, Chairperson, Board of Education, Orange Public Schools; and Board of Education, Orange Public Schools
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Ken Dixon and Hearst Connecticut Newspapers 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 Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Karen Sulich v. Brian Sear, First Selectman, Town of Canterbury; and Town of Canterbury
     Karen Sulich appeared on her own behalf.  The Commissioner’s unanimously voted to
amend the Hearing Officer’s Report.  The Commissioners then unanimously voted to adopt the
Hearing Officer’s Report as amended.*  The proceedings were recorded digitally.
Mark Dumas and the Connecticut State Police Union v. Sgt. James Canon, Labor Relations Unit, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     Mark Dumas appeared on his own behalf.  The Commissioners unanimously voted to
adopt the Hearing Officer’s Report.
    
Hector Gonzalez v. Commissioner, State of Connecticut, Department of Administrative Services
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Adam Wittenburg and the Meriden Record Journal v. Personnel Director, City of Meriden; Chief, Police Department, City of Meriden; and City of Meriden
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Pat de Angelis v. Retirement Board, Town of Middlebury; and Town of Middlebury
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Hardie Burgin v. Chief, Police Department, Town of East Hampton; and Police Department, Town of East Hampton
     Hardie Burgin appeared on his own behalf.  Attorney Jean M. D’Aquilla appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.
     Valicia Harmon reported on the Appellate Court decision in Duane Tompkins v. Freedom of Information Commission et al, AC 32932.
     Clifton Leonhardt reported on the Appellate Court decision in Kimberly Albright-Lazzari et al. v. Freedom of Information Commission, AC 33444. 
The meeting adjourned at 3:06 p.m.

_____________________
Paula S. Pearlman

* See attached for amendments.

MINREGULARmeeting 0711/2012/psp
AMENDMENTS
 Docket #FIC 2011-599
Karen Sulich v. Brian Sear, First Selectman, Town of Canterbury; and Town of Canterbury
Paragraph 4 of the Hearing Officer’s Report is amended as follows:
     4.  By letter of complaint, dated and filed October 26, 2011, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (FOI) Act by failing to fully comply with the request for records described in paragraph 2, above.  THE COMPLAINANT REQUESTED THE IMPOSITION OF A CIVIL PENALTY IN THIS MATTER. 

A new paragraph is added as follows:
     16.  UPON CONSIDERATION OF THE RECORD IN THIS MATTER, THE COMMISSION DECLINES TO IMPOSE A CIVIL PENALTY.