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.