A regular meeting of the Freedom of Information Commission was held on August 24, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:13 p.m. with the following Commissioners present:
                        
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Matthew Streeter                                                                    
Commissioner Christopher P. Hankins
Commissioner Lenny T. Winkler
Commissioner Sean K. McElligott                                   
                                                                                                                                                                                                                        Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Cindy Cannata, and Thomas A. Hennick.

The Commissioners voted, 5-0, to approve the minutes of the Commission’s regular meeting of August 10, 2016. Commissioner Streeter abstained.

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
                
Docket #FIC 2015-751                 Winston Riley v. Scott Semple, Commissioner, State of 
                                                  Connecticut, Department of Correction; and State of
                                                  Connecticut, Department of Correction

Winston Riley participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2015-763                     Benjamin Blauvelt-Cruz v. Scott Semple, Commissioner, State of

                                                      Connecticut, Department of Correction; State of Connecticut,

                                                      Department of Correction; James Wardwell, Chief, Police

                                                      Department, City of New Britain; and Police Department, City of

                                                      New Britain. Benjamin Blauvelt-Cruz 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 approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.   

Docket #FIC 2015-867                    John Kaminski v. Commissioner, State of Connecticut,

                                                     Department of Correction; and State of Connecticut,

                                                     Department of Correction

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2015-869                    John Kaminski v. Commissioner, State of Connecticut,

                                                     Department of Correction; and State of Connecticut,

                                                     Department of Correction

The Commissioners unanimously voted to approve the Hearing Officer’s Report.

Docket #FIC 2014-171                    Marissa Lowthert v. Bruce Likly, Chairman, Board of  

                                                     Education, Wilton Public Schools; and Board of

                                                     Education,  Wilton Public Schools

The Commissioners tabled the matter.

               
Docket #FIC 2014-246                     Marissa Lowthert v. Chairman, Board of Education,

                                                      Wilton Public Schools; and Board of Education, Wilton

                                                      Public Schools

The Commissioners tabled the matter.

Docket #FIC 2014-416                     Marissa Lowthert v. Bruce Likly, Chairman, Board of    
                                                      Education, Wilton Public Schools; and Board of Education,

                                                      Wilton Public Schools

The Commissioners tabled the matter.

Docket #FIC 2015-600                      Mark Dumas v. Louis DeCilio, Registrar of Voters, Town of 
                                                       Stratford; Richard Marcone, Registrar of Voters, Town of 
                                                       Stratford; and Town of Stratford

 The Commissioners unanimously voted to approve the Hearing Officer’s Report.

   

Docket #FIC 2016-0035                     Ann Rubin v. Executive Director, State of Connecticut, 
                                                        Connecticut Airport Authority; and State of Connecticut,
                                                        Connecticut Airport Authority

Attorney James Robertson appeared on behalf of the complainant. Attorney Paul
Pernerewski appeared on behalf of the respondents. The Commissioners unanimously voted to
approve the Hearing Officer’s Report. The proceedings were recorded digitally.   

Docket #FIC 2016-0207                      Ann Rubin v. Chairman, Board of Directors, State of 
                                                         Connecticut, Connecticut Airport Authority; and Board of 
                                                         Directors, State of Connecticut, Connecticut Airport
                                                         Authority

Attorney James Robertson appeared on behalf of the complainant. Attorney Paul
Pernerewski appeared on behalf of the respondents.

The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2016-0307                       Ann Rubin v. Chairman, Board of Directors, State of 

                                                           Connecticut, Connecticut Airport Authority; and Board of

                                                           Directors, State of Connecticut, Connecticut Airport Authority

Attorney James Robertson appeared on behalf of the complainant. Attorney Paul
Pernerewski appeared on behalf of the respondents. The Commissioners unanimously voted to
correct the Hearing Officer’s Report.

The Commissioners unanimously voted to approve the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.

         

                   Lisa F. Siegel reported on the New Britain Superior Court Memorandum of Decision in David Godbout v. Freedom of Information Commission, Docket Number HHB CV15-5017046S, dated August 9, 2016. 
     
                   Colleen M. Murphy reported that the executive directors of the FOIC, the Office of State Ethics and the State Elections Enforcement Commission had met with representatives from the Office of Policy and Management to discuss the holdback of funds budgeted for fiscal year 2017. All three agencies had written to OPM arguing that OPM lacked the statutory authority to withhold those funds. Murphy reported that at the meeting OPM had agreed to release the funds to the three agencies, although not conceding that it lacked the authority to withhold the funds. Murphy indicated that no action was required by the Commission at this time but that she would keep the Commission informed on the matter and would advise if and when any action is needed in the future.
                          

                        The meeting was adjourned at 4:09 p.m.

                                              ______________                          
                                          Thomas A. Hennick
                                          MINREGmeeting 08242016/tah/08262016

                                         AMENDMENTS and CORRECTIONS

    Docket #FIC 2015-763                     Benjamin Blauvelt-Cruz v. Scott Semple, Commissioner,

                                                          State of Connecticut, Department of Correction; State of 
                                                          Connecticut, Department of  Correction; James Wardwell, 
                                                          Chief, Police Department, City of New Britain; and Police 
                                                          Department, City of New Britain

      The above-captioned matter was heard as a contested case on June 21, 2016, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The complainant, who is incarcerated, was notified and [was scheduled to appear] APPEARED via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

      1. The respondents are public agencies within the meaning of §1-200(1)(A), G.S.

      2. It is found that in early September, 2015, the complainant requested a copy of records contained in New Britain Police Department case file number 02-21245.  It is found that the records pertain to the complainant’s arrest and conviction. [Such redactions are not at issue in this matter.]

      3. It is found that on September 24, 2015, the New Britain respondents delivered most of the requested records to the Department of Correction (“DOC”) respondents.  It is found that the New Britain respondents withheld signed statements of witnesses and autopsy reports. SUCH REDACTIONS ARE NOT AT ISSUE IN THIS MATTER.

Docket #FIC 2016-0307                    Ann Rubin v. Chairman, Board of Directors, State Connecticut,

                                                       Connecticut Airport Authority; and Board of Directors, State of

                                                       Connecticut, Connecticut Airport Authority

21. It is concluded, therefore, that the respondents’ executive session during their meeting
 of [February 8] APRIL 11, 2016, was proper, pursuant to §§1-200(6)(D) and (E), G.S.