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: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of May 8, 2013
     A regular meeting of the Freedom of Information Commission was held on May 8, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m. with the following Commissioners present:
     Commissioner Norma E. Riess, presiding
     Commissioner Owen P. Eagan
     Commissioner Amy J. LiVolsi
     Commissioner Sean K. McElligott
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly

     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Gregory F. Daniels, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata and Thomas A. Hennick.
     The Commissioners unanimously voted to add to the agenda the swearing in of new commissioner Michael C. Daly. Colleen M. Murphy administered the oath of office to new Commissioner Michael C. Daly.
     The Commissioners unanimously voted to correct the minutes of the Commission’s regular meeting of April 24, 2013. The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of April 24, 2013 as corrected.*
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Thomas Marra v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Andy Thibault and the New Haven Register v. Neil O'Leary, Mayor, City of Waterbury; and City of Waterbury
     Andy Thibault appeared on behalf of the complainants.  Attorney Linda Wihbey appeared on behalf  of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Michael Vrtis and Realgy Energy Services v. Commissioner, State of Connecticut, Department of Labor; and State of Connecticut, Department of Labor
     Michael Vrtis appeared behalf of the complainants. Assistant Attorney General Krista O’Brien appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
William Robinson and the Water Pollution Control Authority of Bridgeport v. First Selectman, Town of Trumbull; Sewer Administrator, Town of Trumbull; and Town of Trumbull
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Bradshaw Smith v. Stephen Mitchell, Chairman, Board of Directors, Greater Hartford Transit District; and Board of Directors, Greater Hartford Transit District
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Kate King and The Stamford Advocate v. Water Pollution Control Authority, City of Stamford; and City of Stamford
     Kate King appeared on behalf of the complainants. Attorney John Pitblado appeared on behalf of the respondents. The Commissioners voted, 6-0, to amend the Hearing Officer’s Report.  The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioners Streeter and Shaw did not participate in this matter.
Lee Smith v. Superintendent of Schools, Middletown Public Schools; and Middletown Public Schools
     Lee Smith and Donna Gagnon Smith appeared on behalf of the complainants. Attorney Jessica Stein appeared on behalf of the respondents. The Commissioners voted, 6-0, to to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioners Streeter and Shaw did not participate in this matter.
Thomas White v. Civil Service Commission, City of Bridgeport; and City of Bridgeport
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Carl Liano v. Geri Evans, Benefits Coordinator, City of Bridgeport; and City of Bridgeport
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Valicia D. Harmon reported on the New Britain Superior Court Memorandum of Decision
in Freedom of Information Officer, State of CT, DMHAS v. Freedom of Information Commission,
 et al., dated April 29, 2013.  The Commissioners voted, 6-0, to authorize staff to pursue an
appeal of the decision. Commissioners Streeter and Shaw did not participate in this matter.
     The Commissioners voted, 6-0, to add to the agenda consideration of the appointment of a
staff person to draft a proposed final decision in the remand of FICAP #2009-006 (FIC # 2008-
416);Commissioner, Department of Public Safety v. Freedom of Information Commission and
Thomas McDonnell.  The Commissioners voted, 6-0, to assign Attorney Lisa Siegel to draft the
proposed final decision in the matter. Commissioners Streeter  and Shaw did not participate in
these votes.
     Victor R. Perpetua reported on pending appeals.
     Colleen M. Murphy reported that the meeting would, in all likelihood, be the last for Commissioner Riess. She thanked Commissioner Riess for her dedicated years of service and her work as commission chairman. Commissioners and staff saluted Commissioner Riess with a standing ovation.
     Colleen M. Murphy reported on legislation.

          The meeting was adjourned at 4:23 p.m.
                           ________________
                           Thomas A. Hennick
MINREGmeeting 05082013/tah/005082013
AMENDMENTS
Kate King and The Stamford Advocate v. Water Pollution Control Authority, City of Stamford; and City of Stamford
     The Hearing Officer’s Report is amended as follows:
     16. It is found that [neither the meeting agenda nor] the motion to enter executive session
[made at the meeting identified] FAILED TO IDENTIFY with sufficient particularity the reason for the executive session.
MINUTES CORRRECTIONS
 Docket #FIC 2012-405
Deborah Brennan v. Chief, Police Department, Town of West Hartford; and Police Department, Town of West Hartford
     Deborah Brennan [apeared] APPEARED on her own behalf. Attorney Patrick Alair appeared on behalf of the respondents. The Commissioners voted, 4-3, against a proposed amendment that would have required payment for copies of the records in question by the  complainant. Commissioners Eagan, Livolsi and Streeter voted in favor of the amendment. Commissioners Riess, London, Einhorn and Hankins voted against. 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 2012-276
Alexander Wood and the Manchester Journal Inquirer v. Chief Public Defender, State of Connecticut, Office of the Chief Public Defender, Division of Public Defender Services; and State of Connecticut, Office of Chief Public Defender, Division of Public Defender Services
     102. It is therefore concluded that the disclosure of the portions of IC-HR-2012-276-01 through IC-HR-2012-276-03 [which discuss or identify an employee in the context of an erased
criminal arrest] SPECIFICALLY IDENTIFIED IN PARAGRAPH 101, ABOVE, would constitute an invasion of [person] PERSONAL privacy within the meaning of §1-210(b)(2), G.S. It is therefore concluded that such portions of IC-HR-2012-276-01 through IC-HR-2012-276-03 are exempt from mandatory disclosure by virtue of §1-210(b)(2), G.S.  It further concluded that the agency respondents did not violate the FOI Act by withholding such portions of the records from the complainants.