TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of March 11, 2009

 

            A regular meeting of the Freedom of Information Commission was held on March 11, 2009, 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 Dennis O’Connor (participated via speakerphone)

             Commissioner Norma E. Riess (participated via speakerphone)

 

                                     

            Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Gregory F. Daniels, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. 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 regular meeting of February 25, 2009.

                                          

 

Docket #FIC 2008-166           Omar Miller v. Chief, Police Department, City of New London; and Police Department, City of New London

 

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

 

 

Docket #FIC 2008-319           Andre Johnson v. Chief, Police Department, City of New Haven; and Police Department, City of New Haven

 

              Andre Johnson participated via speakerphone. Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s report. The proceedings were recorded digitally.

 

 

 

Minutes, Regular Meeting, March 11, 2009

Page 2

 

 

Docket #FIC 2008-195           Dawn Massey v. Anthony DaRos, First Selectman, Town of Branford; and Board of Selectmen, Town of Branford

 

              Misty Williams appeared on behalf of the complainant. Attorney Patrick Allen appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2008-295           Dawn Massey v. First Selectman, Town of Branford; and Board of Selectmen, Town of Branford

 

               Misty Williams appeared on behalf of the complainant. Attorney Patrick Allen 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.* The proceedings were recorded digitally.

 

 

Docket #FIC 2008-360           M. Peter Kuck v. Susan Mazzoccoli, Management Analyst, State of Connecticut, Board of Firearms Permit Examiners; and State of Connecticut, Board of Firearms Permit Examiners

 

             Assistant Attorney General Matthew Bieser appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

 Docket #FIC 2008-365          Charlene LaVoie v. Board of Selectmen, Town of Winsted

 

              Charlene LaVoie appeared on her own behalf. Attorney Kevin Nelligan appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2008-468           Karen A. Murphy v. Office of Administration, City of Stamford; Office of Operations, City of Stamford; and Board of Education, Stamford Public Schools

 

             Karen Murphy appeared on her own behalf. Attorney Burt Rosenberg appeared on behalf of the respondents. The Commissioners unanimously voted to remand the matter to the hearing officer for an additional hearing for the purpose of gathering more evidence. 

 

 

 

Minutes, Regular Meeting, March 11, 2009

Page 3

 

 

Docket #FIC 2008-483           Kimberly Albright Lazzari and Anthony Lazzari v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety

              

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

 

 

Docket #FIC 2008-497           John Williams v. Barbara Putnam, Chairman, Planning & Zoning Commission, Town of Litchfield; William Burgess, Vice Chairman, Planning & Zoning Commission, Town of Litchfield; Matthew Speck, Zoning Enforcement Officer, Town of Litchfield; and Planning & Zoning Commission, Town of Litchfield

 

             Attorney David Sherwood appeared on behalf of the complainant. Barbara Putnam appeared on behalf of the respondents. The Commissioners voted, 3-1, to adopt the Hearing Officer’s Report. Commissioner London voted against adoption.

 

 

Docket #FIC 2008-531           Jeffrey Cohen and the Hartford Courant v. Eddie A. Perez, Mayor, City of Hartford; and City of Hartford

 

             The Commissioners unanimously voted to admit the Division of Criminal Justice as a party in this matter. Attorney Paul Guggina appeared on behalf of the complainants. Attorney Richard Wareing represented the respondents. Attorney Judith Rossi represented the Division of Criminal Justice. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2008-532           Jeffrey Cohen and the Hartford Courant v. Eddie A. Perez, Mayor, City of Hartford; John Rose, Corporation Counsel; and City of Hartford

 

             The Commissioners unanimously voted to admit the Division of Criminal Justice as a party in this matter. Attorney Paul Guggina appeared on behalf of the complainants. Attorney Richard Wareing represented the respondents. Attorney Judith Rossi represented the Division of Criminal Justice. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

 

 

 

 

Minutes, Regular Meeting, March 11, 2009

Page 4

 

 

Docket #FIC 2008-537           John Luddy v. Inland Wetlands and Watercourses Commission, Town of Berlin

 

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

 

 

Docket #FIC 2008-652           Salvatore Calvo v. Commissioner, State of Connecticut, Department of Public Safety            

 

            

             Assistant Attorney General Margaret Chapple represented the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

             Attorney Tracie Brown reported on the New Britain Superior Court Memorandum of Decision in State of Connecticut, Department of Public Safety v. Freedom of Information Commission, Town of Putnam and Putnam Board of Education dated March 3, 2009.

 

            Mary Schwind and Kathleen Ross reported on pending appeals.

 

             Colleen Murphy reported on legislation.

 

           The meeting adjourned at 4:02 p.m.

 

 

 

 

                                    _______________________

                                    Thomas A. Hennick

 

 

 

 

*SEE ATTACHED FOR AMENDMENT

MINREG meeting 03112009/tah/03132009

 

 

Minutes, Regular Meeting, March 11, 2009

Page 5

 

AMENDMENT

 

           

 

Docket #FIC 2008-295           Dawn Massey v. First Selectman, Town of Branford; and

                                                Board of Selectmen, Town of Branford

 

           

        [4. It is also found that, in the April 9^th letter, the respondents sought clarification of the complaint’s request described in paragraph 2, above, stating:  “We responded to this request on March 25, 2008.  I do not understand what you are asking for in addition to what has been made available.  Please advise.”  In addition, it is found that, in early January 2008, the complainant had made a similar request to the respondents for the opportunity to view the Town’s billing records for cell phones issued to Ms. Trista Clyne/Milici.]

 

       Paragraphs 5-27 that follow in the Hearing Officer’s Report are now renumbered as paragraphs 4-26.