TO:
Freedom of Information Commission
FROM: Eric V. Turner
RE: Minutes of the Commission’s regular meeting of January 10, 2001
A regular meeting of the Freedom of Information Commission was held on
January 10, 2001, in the Freedom of Information Hearing Room, 18-20 Trinity
Street, Hartford, Connecticut. The
meeting convened at 2:08 p.m. with the following Commissioners present:
Commissioner Andrew J. O’Keefe, presiding
Commissioner Vincent M. Russo
Commissioner Sherman D. London
Commissioner Norma E. Riess (participated via telephone speakerphone)
Also present were staff members, Mitchell W. Pearlman, Colleen M.
Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Tracie C.
Gardiner, Victor R. Perpetua, Barbara E. Housen and Thomas A. Hennick.
Those in attendance were informed that the Commission does not ordinarily tape-record the remarks made at its meetings, but will do so on request.
The Commissioners unanimously adopted a resolution of commendation for Renee M. Daignault on the occasion of her twenty years of service to the state of Connecticut.
The Commissioners unanimously voted
to accept the minutes of the Commission’s regular meeting of December 13,
2000.
Docket #FIC 2000-262 Richard G. Hurley v. Correctional Counselor Supervisor, State of Connecticut, Department of Correction, Security Division, Policy and Standards Unit; and State of Connecticut, Department of Correction
Asst. Atty. Gen. Matthew Beizer appeared on behalf of the respondent. The Commissioners unanimously adopted the Hearing Officer’s Report and then unanimously voted to reopen the hearing. The Commissioners unanimously voted to amend the Hearing Officer’s Report and then unanimously adopted the Hearing Officer’s Report as amended.* The proceedings were tape recorded.
Minutes, Regular Meeting, January 10, 2001
Page 2
Docket #FIC 2000-303 Thomas Rempfer v. William A. Cugno, Adjutant General, State of Connecticut, Military Department
The complainant appeared on his own behalf and Lt. Col. Michael Tuohy appeared on behalf of the respondent. The Commissioners unanimously voted to correct and amend the Hearing Officer’s Report and then unanimously adopted the Hearing Officer’s Report as corrected and amended.* The proceedings were tape recorded.
Docket #FIC 2000-304 Russell E. Dingle v. William A. Cugno, Adjutant General, State of Connecticut, Military Department; and Michael J. Tuohy, Staff Judge Advocate, State of Connecticut, Military Department, Connecticut Army National Guard
The complainant appeared on his own behalf and Lt. Col. Michael Tuohy appeared on behalf of the respondent. The Commissioners unanimously adopted the Hearing Officer’s Report. The proceedings were tape recorded.
Docket #FIC 2000-343 A-Tel v. Information and Technology Services, City of Bridgeport
The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2000-344 A-Tel v. Department of Public Facilities, City of Bridgeport
The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2000-345 A-Tel v. Assistant City Attorney, Office of the City Attorney, City of Bridgeport
The Commissioners unanimously adopted the Hearing Officer’s Report.
Minutes, Regular Meeting, January 10, 2001
Page 3
Docket #FIC 2000-403 Kevin Ladieu v. Office of Corporation Counsel, Town of West Hartford
The complainant appeared on his own behalf and Atty. Kim Bailey appeared on behalf of the respondent. The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2000-434 Joan Coe v. Joseph Townsley, Superintendent of Schools, Simsbury Public Schools
The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2000-450 James Palaski v. Director, Department of Health and Social Services, City of Stamford
The Commissioners unanimously adopted the Hearing Officer’s Report.
Docket #FIC 2000-584 Joy Russell Perez and The Hartford Courant v. Chief, Police Department, Town of East Hampton
The Commissioners unanimously adopted the Hearing Officer’s Report.
Staff counsel reported on pending appeals.
Mitchell W. Pearlman reported on the Commission’s legislative package. The Commissioners unanimously voted to support privatization legislation.
*SEE
ATTACHED FOR CORRECTIONS AND AMENDMENTS
MIN/reg
meeting/01102001/evt/01162001
Minutes,
Regular Meeting, January 10, 2001
Page
4
C O R R E C T I O N
S A N D A M E N D M E N T S
Docket #FIC 2000-262 Richard G. Hurley v. Correctional Counselor Supervisor, State of Connecticut, Department of Correction, Security Division, Policy and Standards Unit; and State of Connecticut, Department of Correction
Paragraph 8 of the Hearing Officer’s Report is amended as follows:
8. It is found that the
complainant reasonably could have responded to the May 12, 2000, letter
described in paragraph 7, above, and indicated to the respondents whether he
wanted a second copy of the requested record, rather than filing the complaint
regarding such records. [However,
based upon the record,] It
is concluded that the respondents [technically] DID NOT violate[d] §1-212(a),
G.S., by failing to offer the complainant a second copy of the records
described in paragraph 2.a, above, at the time of the complainant’s request.
It is also concluded that any request for records related to
allegations of 2-17 violations other than those charged on November 20, 1999,
are outside the scope of the complaint in this matter.
The order in the Hearing Officer’s Report is amended as follows:
[2. Forthwith, the respondents shall provide the complainant with a copy of the records described in paragraph 2.a, above. The respondents may assess the statutory fee for such copy, and collect such fee from the complainant before providing such copy.]
2 [3] Henceforth, the respondents shall strictly comply with the requirements of §§1-210(a) and 1-212(a), G.S.
Docket #FIC 2000-303 Thomas Rempfer v. William A. Cugno, Adjutant General, State of Connecticut, Military Department
Paragraph 13 of the Hearing Officer’s Report is corrected as follows:
oo. the enclosures of a February [3] 1999, fax coversheet sent by Col. Burns, which coversheet was previously provided;
Minutes, Regular Meeting, January 10, 2001
Page 2
Paragraph 20 of the Hearing Officer’s Report is amended as follows:
20. It is found that the respondent did not notify the seven employees described in paragraph 17, above, of the requests described in paragraphs 2 and 4, above, within the meaning of §1-214, G.S. It is therefore concluded that by failing to notify the seven [officers] SERVICE MEMBERS if he reasonably believed that disclosure of records contained in their personnel, medical and similar files would legally constitute an invasion of privacy, the respondent violated such statute.
Paragraph 2 of the order in the Hearing Officer’s Report is amended as follows:
2. If he has not already done so, the respondent forthwith shall conduct a thorough search of the paper and electronic records, including computer stored and video taped records of the Connecticut National Guard, for all existing requested records, as described in paragraphs 2, 4, and 13, of the findings, above. Upon completion of such search, if records are located which have not already been provided to the complainant, such records shall be immediately provided to the complainant without charge, with the exception of any records contained within the personnel or medical and similar files of the seven [officers] SERVICE MEMBERS other than the complainant who resigned from the Guard as a result of the anthrax controversy.