TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of March 25, 2009
A regular meeting of the Freedom of Information Commission was held on March 25, 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)
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Victor R. Perpetua, 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 March 11, 2009.
Docket #FIC 2008-240 John Sylvia v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
John Sylvia participated via speakerphone. Attorney Sandra Sharr appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
Docket #FIC 2008-382 John Sylvia v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
John Sylvia participated via speakerphone. Attorney Sandra Sharr 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.
Minutes, Regular Meeting, March 25, 2009
Page 2
Docket #FIC 2008-270 Lee A. Jupina v. Director, State of Connecticut, Department of Correction, Security Division; and State of Connecticut, Department of Correction
Lee Jupina participated via speakerphone. Attorney Sandra Sharr appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
Docket #FIC 2008-241 Richard D. Applebaum v. Board of Police Commissioners, Town of Trumbull
Richard Applebaum 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 2008-246 Dawn Massey v. Anthony DaRos, First Selectman, Town of Branford; Gale Plancon, Interim Assistant Administrator, Board of Selectmen, 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 2008-247 Dawn Massey v. Anthony DaRos, First Selectman, Town of Branford; Gale Plancon, Interim Assistant Administrator, Board of Selectmen, 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.
Minutes, Regular Meeting, March 25, 2009
Page 3
Docket #FIC 2008-445 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 Allenappeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2008-268 Len Besthoff and WFSB TV v. Commissioner, State of Connecticut, Department of Public Works; and State of Connecticut, Department of Public Works
Len Besthoff appeared on his own behalf. Attorney Kevin Kopetz appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2008-290 Dick Goduti v. Ray Collins, Chairman, Old Saybrook Harbor Management Commission, Town of Old Saybrook; Ross Byrne, Member, Old Saybrook Harbor Management Commission, Town of Old Saybrook; Michael Pace, Member, Old Saybrook Harbor Management Commission; and Old Saybrook Harbor Management Commission, Town of Old Saybrook
Attorney David Royston appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-564 Robert J. Symmes v. Charles Marino, Democratic Registrar of Voters, City of West Haven
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, March 25, 2009
Page 4
The Commissioners unanimously voted to reject a petition for Reconsideration /Modification of Agency Decision dated March 11, 2009, in Docket #FIC 2008-223, Naimah Shabazz v. Corporation Counsel, City of Hartford; and City of Hartford.
Victor Perpetua and Tracie Brown reported on pending appeals.
Colleen Murphy reported on legislation.
The meeting adjourned at 3:02 p.m.
_______________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS and CORRECTION
MINREG meeting 032512009/tah/03262009
Minutes, Regular Meeting, March 25, 2009
Page 5
AMENDMENTS and CORRECTION
Docket #FIC 2008-240 John Sylvia v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The order in the Hearing Officer’s Report is amended as follows:
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
2. IT IS INCUMBENT UPON THE RESPONDENTS TO RECOGNIZE THAT IT IS BOTH A BETTER PRACTICE AND COMMON COURTESY TO RESPOND TO REQUESTERS IN ORDER TO PREVENT UNNECESSARY COMPLAINTS AND HEARINGS THAT WASTE VALUABLE STATE RESOURCES, INCLUDING THE TIME AND EFFORTS OF THE COMMISSION OMBUDSMAN, HEARING OFFICER AND COMMISSIONERS THEMSELVES.
Docket #FIC 2008-382 John Sylvia v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
The Hearing Officer’s Report is amended to include the commission’s endnotes attached to cases pertaining to 1-210 b2 and the Perkins decision. (See #FIC 2008-245).
Docket #FIC 2008-270 Lee A. Jupina v. Director, State of Connecticut, Department of Correction, Security Division; and State of Connecticut, Department of Correction
Paragraph 9 of the Hearing Officer’s Report is corrected as follows:
9. At the hearing in this matter, the complainant testified that he understands that the respondents have the right to intercept his mail and that what he was actually [seeks] SEEKING are copies of records written about him to other agencies, including federal government agencies, and to the media.
Minutes, Regular Meeting, March 25, 2009
Page 6
Docket #FIC 2008-241 Richard D. Applebaum v. Board of Police Commissioners, Town of Trumbull
The Hearing Officer’s Report is amended as follows:
The above-captioned matter was heard as a contested case on August 11, 2008, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The records that are the subject of this complaint, described in [paragraph] PARAGRAPHS 6 AND 8 of the findings, below, were submitted to the Commission for an in camera inspection.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The respondent shall forthwith provide to the complainant a copy of the six internal investigation reports, described in [paragraph] PARAGRAPHS 6 AND 8 of the findings, above.