| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of January 9, 2013 |
A regular meeting of the Freedom of Information Commission was held on January 9, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:12 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
Commissioner Jonathan J. Einhorn
Commissioner Matthew Streeter
Commissioner Sherman D. London
Commissioner Owen P. Eagan
Commissioner Amy J. LiVolsi
Commissioner Jay Shaw
Commissioner Jonathan J. Einhorn
Commissioner Matthew Streeter
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Kathleen K. 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 December 12, 2012.
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Joe Burgos Vega 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.
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Lorenzo Osborne v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Gloria Battinelli and the Classified Retirees Association, City of Stamford v. Human Resource Director, City of Stamford; and City of Stamford |
The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report.
Commissioner LiVolsi recused herself from the matter.
Commissioner LiVolsi recused herself from the matter.
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Sandra Staub and the American Civil Liberties Union Foundation of Connecticut v. Chief, Police Department, City of Stamford; and Police Department City of Stamford |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Sandra Staub and the American Civil Liberties Union Foundation of Connecticut v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Bradshaw Smith v. James Redeker, Commissioner, State of Connecticut, Department of Transportation; and State of Connecticut, Department of Transportation |
The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report.
Commissioner Riess recused herself from the matter.
Commissioner Riess recused herself from the matter.
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David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; State of Connecticut, Department of Emergency Services and Public Protection; City Manager, City of Norwich; and City of Norwich |
David Godbout appeared on his own behalf. The Commissioners unanimously voted to
adopt the Hearing Officer’s Report.
adopt the Hearing Officer’s Report.
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David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; State of Connecticut, Department of Emergency Services and Public Protection; and City of Hartford |
David Godbout appeared on his own behalf. Attorney Alexandra Lombardi appeared on
behalf of the respondent City of Hartford. The Commissioners unanimously voted to adopt the
Hearing Officer’s Report.
behalf of the respondent City of Hartford. The Commissioners unanimously voted to adopt the
Hearing Officer’s Report.
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David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection |
David Godbout appeared on his own behalf. The Commissioners unanimously voted to
adopt the Hearing Officer’s Report.
adopt the Hearing Officer’s Report.
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Anthony E. Luther 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.
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Josephine S. Miller v. Commissioner, State of Connecticut, Department of Labor; and State of Connecticut, Department of Labor |
Assistant Attorney General Krista O’Brien 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 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.
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Robert Milne v. Chief, Police Department, Town of West Hartford; and Police Department, Town of West Hartford |
Attorney Patrick Alair 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 Commissioners unanimously voted
to require all records including the initial proposed hearing officer’s report to be retained in FOIC
files.
unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously
voted to adopt the Hearing Officer’s Report as amended.* The Commissioners unanimously voted
to require all records including the initial proposed hearing officer’s report to be retained in FOIC
files.
The Commissioners unanimously voted to deny a request for reconsideration-
reargument dated December 13, 2012 filed by Roger Emerick in Roger Emerick v.
Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut,
Department of Public Health, Docket #FIC 2012-001.
reargument dated December 13, 2012 filed by Roger Emerick in Roger Emerick v.
Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut,
Department of Public Health, Docket #FIC 2012-001.
The Commissioners unanimously voted not to schedule hearings in Michael
Nowacki v. Superintendent of Schools, New Canaan Public Schools; and New Canaan Public
Schools, Docket #FIC 2012-425; and Michael Nowacki v. Superintendent of Schools, New
Canaan Public Schools; and New Canaan Public Schools, Docket #FIC 2012-464.
Nowacki v. Superintendent of Schools, New Canaan Public Schools; and New Canaan Public
Schools, Docket #FIC 2012-425; and Michael Nowacki v. Superintendent of Schools, New
Canaan Public Schools; and New Canaan Public Schools, Docket #FIC 2012-464.
The Commissioners unanimously voted to deny a request for a declaratory ruling
from David Godbout dated November 21, 2012.
from David Godbout dated November 21, 2012.
Clifton A. Leonhardt reported on the New Britain Superior Court Memorandum of
Decision in Planning and Zoning Commission of the Town of Monroe, et al. v. Freedom of
Information Commission, et al.
Decision in Planning and Zoning Commission of the Town of Monroe, et al. v. Freedom of
Information Commission, et al.
Victor R. Perpetua reported on the New Britain Superior Court Memorandum of
Decision in William Connelly v. CT DOC, Osborn Correctional Institution, Freedom of
Information Commission.
Decision in William Connelly v. CT DOC, Osborn Correctional Institution, Freedom of
Information Commission.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy reported that a part-time paralegal position for the FOIC had
been approved.
been approved.
Colleen M. Murphy reported on the start of the legislative session. Commissioners
unanimously approved two legislative proposals for the 2013 session.
unanimously approved two legislative proposals for the 2013 session.
The meeting was adjourned at 3:35 p.m.
________________
Thomas A. Hennick
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS and CORRECTION
MINREGmeeting 01092013/tah/01102013
AMENDMENTS AND CORRECTIONS
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Josephine S. Miller v. Commissioner, State of Connecticut, Department of Labor; and State of Connecticut, Department of Labor |
The Hearing Officer’s Report is amended as follows:
4. It is found that, by letter dated March 26, 2012, the respondents provided the complainant with records responsive to the request described in paragraph 2(a) and 2(d), above. However, it is further found that the respondents withheld records responsive to the request, described in paragraphs 2(b) and 2(c), above, claiming such records are exempt from disclosure pursuant to §§1-210(b)(6), G.S., and 5-[525] 225, G.S. and Director, Retirement and Benefits Services Division, Office of the Comptroller v. FOIC, 256 Conn. 764 (2001).
11. It is found that the respondents maintain cover letters, completed applications for examination or employment (Form CT-HR-12), formerly known as the Form PLD-1, and resumes, of individuals who applied for a Connecticut Career Trainee position with the respondent department between September 1, 2011 and the date of the request in this matter. [The respondents claimed, at the hearing in this matter, that these records are exempt from disclosure pursuant to §5-525, G.S., and Director, Retirement and Benefits Services Division, Office of the Comptroller v. FOIC, 256 Conn. 764 (2001).]
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The [complainant] COMPLAINT is dismissed.
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Robert Milne v. Chief, Police Department, Town of West Hartford; and Police Department, Town of West Hartford |
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed WITH PREJUDICE.