| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of March 23, 2016 |
A regular meeting of the Freedom of Information Commission was held on March 23, 2016, 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 Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Jonathan J. Einhorn
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Jonathan J. Einhorn
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners voted unanimously to approve the minutes of the Commission’s regular meeting of March 9, 2016.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request
|
Tarrance Lawrence v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Tarrance Lawrence 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 recorded digitally
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Umar Shahid v. Department of Legal Affairs, 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 amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
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Umar Shahid v. Commissioner, 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 amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
|
James Torlai v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection |
James Torlai appeared on his own behalf. Assistant Attorney General James Caley appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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James Torlai v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection |
James Torlai appeared on his own behalf. Assistant Attorney General James Caley appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
|
Sydney Schulman v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Sydney Schulman appeared on his own behalf. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
|
Cherlyn Poindexter and the New Haven Management and Professional Union v. Toni Harp, Mayor, City of New Haven; Marcus Paca, Labor Relations, City of New Haven; and City of New Haven |
Cherlyn Poindexter appeared on her own behalf. Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
|
John Scott and the Bailey Agencies v. Susan Aguiar, Clerk and Ken Richards, President, Poquonnock Bridge Fire District, Board of Directors; and Poquonnock Bridge Fire District Board of Directors |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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John Scott v. Chief, Poquonnock Bridge Fire District; and Poquonnock Bridge Fire District |
Attorney Michael Satti appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Nicholas Romitti v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police |
Attorney Jeffrey Kestenband appeared on behalf of the complainant. Assistant Attorney General Steven Barry appeared on behalf of the respondents. The Commissioners voted, 6-1, to reject a proposed amendment. Commissioner Einhorn voted in favor of approval. The Commissioners voted, 7-0, to approve the Hearing Officer’s Report. Commissioner Daly did not participate in this matter. The proceedings were recorded digitally
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Michael Winkler v. Town Administrator, Town of Vernon; and Town of Vernon |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Colleen M. Murphy reported on pending appeals.
Colleen M. Murphy reported that former Commissioner Sean McGilligott had been confirmed to fill a vacancy and return as a commissioner. Colleen M. Murphy also reported that Commissioner Hankins had been reappointed.
Colleen M. Murphy reminded commissioners that the annual Freedom of Information Conference would be held April 22 at the Riverhouse in Haddam.
Colleen M. Murphy and Paula S. Pearlman reported on legislation.
The meeting was adjourned at 4:43 p.m.
______________
Thomas A. Hennick
MINREGmeeting 03232016/tah/03242016
AMENDMENTS
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Umar Shahid v. Department of Legal Affairs, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Paragraph 11 of the Hearing Officer’s Report is amended as follows:
11. [The Commission in its discretion declines to impose a civil penalty on the respondents.] SINCE THE COMMISSION CONCLUDED THAT THERE IS NO VIOLATION OF THE FOI ACT IN THIS CASE, THERE IS NO BASIS ON WHICH TO CONSIDER THE IMPOSITION OF CIVIL PENALTIES.
11. [The Commission in its discretion declines to impose a civil penalty on the respondents.] SINCE THE COMMISSION CONCLUDED THAT THERE IS NO VIOLATION OF THE FOI ACT IN THIS CASE, THERE IS NO BASIS ON WHICH TO CONSIDER THE IMPOSITION OF CIVIL PENALTIES.
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Umar Shahid v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
The order in 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 respondents shall forthwith undertake a search for the documents described in paragraphs 2[b], [d], [f], [h] and [j], above, and provide copies of any responsive records to the complainant, free of charge. If the respondents do not locate any responsive records, the respondents shall provide the complainant with an affidavit detailing the results of their search IF AND WHEN THEY ARE ABLE TO FIND AN APPROPRIATE FORWARDING ADDRESS.
1. The respondents shall forthwith undertake a search for the documents described in paragraphs 2[b], [d], [f], [h] and [j], above, and provide copies of any responsive records to the complainant, free of charge. If the respondents do not locate any responsive records, the respondents shall provide the complainant with an affidavit detailing the results of their search IF AND WHEN THEY ARE ABLE TO FIND AN APPROPRIATE FORWARDING ADDRESS.