TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of May 13, 2009
A regular meeting of the Freedom of Information Commission was held on May 13, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:13 p.m. with the following Commissioners present:
Commissioner Andrew J. O’Keefe, presiding
Commissioner Sherman D. London
Commissioner Dennis O’Connor
Commissioner Norma E. Riess (participated via speakerphone)
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, 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 April 22, 2009.
Docket #FIC 2008-386 Jamar Boyd v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Jamar Boyd 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.
Docket #FIC 2008-393 Johnny Mahoney v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
Johnny Mahoney participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Minutes, Regular Meeting, May 13, 2009
Page 2
Docket #FIC 2008-341 Jonathan Pelto v. State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics
Jonathan Pelto appeared on his own behalf. Assistant Attorney General Michael Sullivan 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.
Docket #FIC 2008-351 John Patton v. Michael Eldredge, First Selectman, Town of Willington; Mark Palmer, Selectman, Town of Willington;
and Board of Selectmen, Town of Willington
John Patton appeared on his own behalf. Attorney Michael Markowitz 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’sReport as amended.* The proceedings were recorded digitally.
Docket #FIC 2008-371 Daniel Tompkins v. Mayor, City of Groton; and Committee of the Whole, City of Groton
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-396 Daniel Tompkins v. Committee of the Whole, City of Groton
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-621 Kevin Brookman v. Human Resources Director, City of Hartford; and City of Hartford
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, May 13, 2009
Page 3
Docket #FIC 2008-622 James Quattro v. Linda Roache, Operations Manager, Regional Office #11, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services
James Quattro appeared on his own behalf. Assistant Attorney General Emily Melendez appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2008-623 James Quattro v. Linda Roache, Operations Manager, Regional Office #11, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services
James Quattro appeared on his own behalf. Assistant Attorney General Emily Melendez appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2008-664 Kimberly Graham v. Superintendent of Schools, Norwalk Public Schools; and Norwalk Public Schools
The Commissioners voted to deny a request to impose civil penalties on the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-677 Margaret Bustell v. Superintendent of Schools, Norwalk Public Schools; and Norwalk Public Schools
The Commissioners voted to deny a request to impose civil penalties on the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-734 Edward St. John v. First Selectman, Town of Middlebury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, May 13, 2009
Page 4
Docket #FIC 2008-736 Dawn McKay and the Connecticut State Employees Association Service Employees International Union, Local 2001 v. Human Resources Director, State of Connecticut, Department of Environmental Protection; and State of Connecticut, Department of Environmental Protection
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-804 Joan T. Kloth-Zanard v. Commissioner, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services
The Commissioners unanimously voted to reopen the matter.
Eric V. Turner reported on the New Britain Superior Court Memorandum of Decision in James Strillacci, Chief of Police v. Freedom of Information Commission dated April 20, 2009.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy reported on legislation.
The meeting was adjourned at 4:07 p.m.
_______________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS
MINREG meeting 05132009/tah/05142009
Minutes, Regular Meeting, May 13, 2009
Page 5
AMENDMENTS
Docket #FIC 2008-341 Jonathan Pelto v. State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics
The Hearing Officer’s Report is amended as follows:
24. With respect to the records described in paragraphs 3f., above, the respondent contended at the hearing and in its post-hearing brief that significant portions of such database are protected under the Family Educational Rights and Privacy Act (hereinafter “FERPA”) since they contain considerable personal information about students that are taking courses through UConn’s Center for Continuing Studies (hereinafter “center”). The respondent specifically contended that such database contains personal information including social security numbers and credit card information of students participating in the center’s credit and noncredit programs, as well as information about persons making general [inquires] INQUIRIES to the center.
33. During oral argument at the April 22, 2009 Commission meeting, the respondent [conceded] STATED that in order to prevail on its trade secrets claim, it must prove that the databases at issue herein are customer lists within the meaning of §1-210(b)(5)(A),
G.S.
Docket #FIC 2008-351 John Patton v. Michael Eldredge, First Selectman, Town of Willington; Mark Palmer, Selectman, Town of Willington; and Board of Selectmen, Town of Willington
The Hearing Officer’s Report is amended as follows:
The above-captioned matter was heard as a contested case on August 25, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. [The respondents submitted for in camera inspection the two documents described in paragraph 8 of the findings, below.]
Minutes, Regular Meeting, May 13, 2009
Page 6
5. It is found that Selectman Palmer visits the First Selectman at his office several times a week [, but that they do not discuss the business of the Board of Selectmen].
13. It is [concluded] FOUND that the communication in this case between Eldredge and Palmer was [limited to a request for information made by the first selectman, in his capacity of chief administrative officer.] NOT “STRICTLY LIMITED TO INQUIRIES OF THE FIRST SELECTMAN IN HIS CAPACITY AS CHIEF ADMINISTRATIVE OFFICER” OR “COMMUNICATION OF TOWN PROCEDURES OR POLICIES TO ANOTHER SELECTMAN” OR “ANSWERING OF SUCH SELECTMAN'S REQUESTS FOR INFORMATION ABOUT TOWN GOVERNMENT.”
14. It is therefore concluded that the respondents [did not violate] VIOLATED the FOI Act as alleged.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
[1. The complaint is dismissed.]
1. Henceforth, the respondents shall strictly comply with the open meeting and notice requirements set forth in §1-225, G.S.