TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of October 22, 2008

 

            A regular meeting of the Freedom of Information Commission was held on October 22, 2008, 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 Andrew J. O’Keefe, presiding

             Commissioner Sherman D. London

             Commissioner Vincent M. Russo

             Commissioner Norma E. Riess

                                     

            Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Gregory F. Daniels, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Henry Pawlowski, Paula Pearlman, Cindy Cannata and Thomas A. Hennick.

 

                       

            Those in attendance were informed that the Commission does not ordinarily

record the remarks made at its meetings, but will do so on request.

 

            The Commissioners unanimously voted to adopt the minutes of the Commission’s special meeting of October 8, 2008.

                                          

 

Docket #FIC 2008-094           Jeffrey Smith v. Chief, Police Department, City of New London

 

              Jeffrey Smith participated via speakerphone. Attorney Brian Estep appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s report. The proceedings were recorded digitally.

 

 

Docket #FIC 2007-295           Heather Nann Collins, Alexander Wood, and the Manchester Journal Inquirer v. Legal Affairs Department, State of Connecticut, Department of Public Safety

 

              Alexander Wood appeared on behalf of the complainants. Assistant Attorney General

Lynn Wittenbrink appeared on behalf of the respondent. 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.

 


Minutes, Regular Meeting, October 22, 2008

Page 2

 

 

Docket #FIC 2007-659           Patria Gonzalez v. Freedom of Information Administrator, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

              The Commissioners tabled the matter.

 

 

Docket #FIC 2008-031           Kevin Brookman v. Board of Directors, Hartford Public Access Television

 

                                               

              The Commissioners tabled the matter.

 

 

Docket #FIC 2008-139           Jay Fain DBA Winton Park Holdings v. Winton Park Association

 

             Attorney Alan Spirer appeared on behalf of the complainant. Attorney Ira Bloom appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2008-146           Patrick Dolan v. Chairman, Community Advisory Board,

                                                State of Connecticut, Department of Mental Health and

                                                Addiction Services, Southeastern Mental Health Authority;

                                                and State of Connecticut, Department of Mental Health and

                                                Addiction Services

 

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

 

 

Docket #FIC 2008-308           Patrick Dolan v. Chairman, Community Advisory Board,

                                                State of Connecticut, Department of Mental Health and

                                                Addiction Services, Southeastern Mental Health Authority;

                                                and State of Connecticut, Department of Mental Health and

                                                Addiction Services

 

 

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

 

 

Minutes, Regular Meeting, October 22, 2008

Page 3

 

 

Docket #FIC 2008-286           John H. Spang, Jr. v. Board of Education, Norwich Public

                                                Schools

 

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

 

 

Docket #FIC 2008-342           Robert C. Rungee v. Chief, Police Department, Town of

                                                Berlin; and Police Department, Town of Berlin

                                

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

 

 

Docket #FIC 2008-394           Angel Morales v. Health and Human Services Department,

                                                City of Hartford

 

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

 

         

           The Commissioners unanimously voted to deny a request for Advisory Opinion

received September 30, 2008 from John W. Bradley Jr.

 

           The Commissioners unanimously voted to deny a request for Advisory Opinion

received October 3, 2008 from Barton Russell, Executive Director, Connecticut Council of Small Towns.

 

            The Commissioners unanimously voted to add to the agenda discussion and possible action on a request for reconsideration and a request for stay of the commission’s decision in #FIC 2008-282, Jeffrey B. Cohen and the Hartford Courant v. Eddie Perez, Mayor, City of Hartford; Arena Task Force, City of Hartford; and City of Hartford. The Commissioners unanimously voted to deny the reconsideration of its decision, rendered on September 24, 2008. The Commissioners unanimously voted to deny the request for a stay of its decision in the matter, rendered on September 24, 2008.

 

Victor Perpetua and Lisa Siegel reported on pending appeals.

 

Colleen Murphy reported on legislation.

 

             The meeting adjourned at 3:09 p.m.

 

                                    _______________________

                                    Thomas A. Hennick

 

MINREG meeting 10222008/tah/10232008


Minutes, Regular Meeting, October 22, 2008

Page 4

 

 

AMENDMENT and CORRECTIONS

 

 

Docket #FIC 2007-295           Heather Nann Collins, Alexander Wood, and the Manchester Journal Inquirer v. Legal Affairs Department, State of Connecticut, Department of Public Safety

 

           

   Paragraph 30 of the Hearing Officer’s Report is amended as follow:

 

   30. During the pendency of the appeal, by letters to the Commission dated May 29, 2008 and July 31, 2008, the complainants stated that OF THE ITEMS LISTED IN PARAGRAPH 29, they sought disclosure only of the information listed in paragraphs 29.d through 29.g, above, i.e., the names of the judges who issued the orders restricting dissemination of “registration information”, the names and locations of the courts (regardless of where such location appears on the document), the names of the clerks, assistant clerks and deputy clerks, and the names of the prosecuting and defense attorneys.  The Commission takes administrative notice of such letters.  Accordingly, it is concluded that the Commission need not determine whether redaction of the information listed in paragraphs 29.a through 29.c, and 29.h through 29.l, violates the FOI Act.

 

 

Docket #FIC 2008-308           Patrick Dolan v. Chairman, Community Advisory Board, State of Connecticut, Department of Mental Health and Addiction Services, Southeastern Mental Health Authority; and State of Connecticut, Department of Mental Health and Addiction Services

 

            

              The Hearing Officer’s Report is corrected as follows:

 

 

[4]. 5. While §1-226, G.S., permits the respondent Board to implement rules

regarding the videotaping of its meetings, such provision also grants the public a right to videotape public meetings.  Section 1-226, G.S., inherently contemplates that both the agency and the public must act “reasonably” so that both parties’ rights may coexist harmoniously.  

    


 

Minutes, Regular Meeting, October 22, 2008

Page 5

 

 

[5]. 6. It is found that, prior to the March 23, 2008 meeting, the complainant asked

the assistant to the CEO of Southeastern Mental Health Authority whether there were any rules or regulations concerning the recording of meetings of the Authority’s Community Advisory Board.  It is further found that the by-laws of the Community Advisory Board contain no such rules or regulations.

 

[6]. 7. It is found that the assistant told the complainant that there were no rules or

regulations concerning the recording of meetings of the Community Advisory Board.

 

[7]. 8. It is found that the complainant, therefore, attended the March 23, 2008

meeting and set up his tripod at the end of the Board members’ table. 

 

[8]. 9. It is found that the President of the Community Advisory Board refused to

 let the complainant videotape the meeting.  It is further found that the CEO of the Southeastern Mental Health Authority was present in his capacity as advisor to the Board, but that he did nothing to facilitate the complainant’s right to videotape the meeting.

 

[9]. 10. It is found that the complainant was neither threatening in his demeanor

nor disruptive to the meeting. 

 

[10]. 11. Accordingly, it is concluded that the respondent Community Advisory

Board violated §1-226, G.S., of the FOI Act by prohibiting the complainant from making a videotape recording of the Board’s March 23, 2008 meeting.