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 October 25, 2017

               

A regular meeting of the Freedom of Information Commission was held on October 25, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:15 p.m. with the following Commissioners present:

                        

             Commissioner Owen P. Eagan, presiding

             Commissioner Jonathan J. Einhorn

             Commissioner Matthew Streeter                                                                    

             Commissioner Christopher P. Hankins

             Commissioner Lenny T. Winkler

             Commissioner Ryan P. Barry

                                                                                                                                              

Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.

The Commissioners voted, 4-0, to approve the Commission’s regular meeting minutes of October 11, 2017. Commissioner Winkler abstained. Commissioner Barry did not participate in this matter.

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 2016-0835            Ahmaad Lane v. Chief, Police Department, City of New  Britain; Police Department, City of New Britain;  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. 

Docket #FIC 2016-0867          Jeremy Steele v. Scott Semple, Commissioner, and State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

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

Docket #FIC 2016-0871            Alberto Rios v. Scott Semple, Commissioner, and State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

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

    

Docket #FIC 2017-0014            James Mitchell v. Dora B. Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; State of Connecticut, Department of Emergency  Services and Public Protection; 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.

Docket #FIC 2016-0821           James Torlai v. Chief, Police Department, and City of Waterbury;  Police Department, City of Waterbury; and City of Waterbury James Torlai appeared on his own behalf. 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 2016-0853         Jay Hardison v. Superintendent of Schools, Darien Public Schools; and Darien Public Schools Jay Hardison appeared on his own behalf. Attorney Thomas Mooney appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

The proceedings were recorded digitally.

Docket #FIC 2016-0884           Raymond Reynolds v. Commissioner, State of Connecticut, Department of Children and Families; and State of   Connecticut, Department of Children and Families

Raymond Reynolds appeared on his own behalf. Assistant Attorney General Michael Besso appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2017-0340            Gino Legaz v. Chairman, Parks and Recreation Commission, Town of Wilton; Parks and Recreation Commission, Town of Wilton; and Town of Wilton

Gino Legaz appeared on his own behalf. Attorney Matt Studer appeared on behalf of the respondents. The    Commissioners unanimously voted to reopen the matter and return it to the Hearing Officer.

    

Docket #FIC 2017-0353              Ethan Fry, and the Valley Independent Sentinel v. Mayor, City of Derby; and City of Derby The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2017-0358                Deanna Bouchard v. Arthur Shilosky, First Selectman, Town of Colchester; Tricia Dean, FOI Coordinator, Town of Colchester; and Town of Colchester The matter was removed from the agenda.

Docket #FIC 2017-0397                Neal Botting v. Director, Human Resources, State of  Connecticut, Middlesex Community College; and State of Connecticut, Middlesex Community College The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2017-0409                Debra Cahill v. Superintendent of Schools, Litchfield  Public Schools; and Litchfield Public Schools The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

The Commissioners unanimously voted to add to the agenda consideration of the appeal in Greenwich Medical Emergency Services Inc. et. al. v. Freedom of Information Commission et. al. The  Commissioners unanimously voted to authorize Commission staff to seek a voluntary remand to correct the administrative record regarding the report of the Hearing Officer at anappropriate time, if necessary.

Victor Perpetua, Lisa Siegel and Colleen M. Murphy reported on pending appeals. Colleen M. Murphy reported on legislation.

                                                        ______________                         

Thomas A. Hennick

MINREGmeeting 10252017/tah/10262017

*   *See Attached for Amendments

AMENDMENTS

              

Docket #FIC 2016-0821             James Torlai v. Chief, Police Department, City of  Waterbury; Police Department, City of Waterbury; and City of Waterbury      

A footnote to Paragraph 30 in the Hearing Officer’s Report was added as follows:

1.            BASED UPON THE RECORD IN THIS MATTER, IT APPEARS THAT THE RESPONDENTS MAY HAVE INADVERTENTLY DISCLOSED RECORDS THAT MAY BE SUBJECT TO ERASURE. HOWEVER, THAT ISSUE IS BEYOND THE COMMISSION’S JURISDICTION. CONSEQUENTLY, THE RULING IN THIS MATTER IS BASED SOLELY ON THE APPLICABILITY OF THE ERASURE STATUTE TO THE RECORDS THAT WERE WITHHELD FROM THE COMPLAINANT.