TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of July 08, 2009
A regular meeting of the Freedom of Information Commission was held on July 8, 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)
Commissioner Owen P. Eagan
Also present were staff members, Colleen M. Murphy, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Sharntae Wilson 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 July 1, 2009.
Docket #FIC 2008-534 David McNichol v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
David McNichol participated via speakerphone. Assistant Attorney General Madeline Melchionne appeared on behalf of the respondents. The Commissioners unanimously voted toadopt the Hearing Officer’s Report.
Minutes, Regular Meeting, July 8, 2009
Page 2
Docket #FIC 2008-570 Jose Polanco v. Chief, Police Department, City of New Haven; Police Department, City of New Haven; Health Services Administrator, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care, MacDougall-Walker Correctional Institution; and State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care, MacDougall-Walker Correctional Institution
Jose Polanco participated via speakerphone. Kathleen Foster appeared on behalf of the New Haven respondents. Assistant Attorney General Donald Green appeared on behalf of the University of Connecticut Health Care Center. The Commissioners unanimously voted to remand the matter to the Hearing Officer. The proceedings were recorded digitally.
Docket #FIC 2008-468 Karen 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 Michael Toma appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2008-480 Alexander Wood and the Manchester Journal Inquirer v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
Alexander Wood appeared on his own behalf. Assistant Attorney General Steven Sarnoski 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 2008-482 Keith Ashbey v. Chief, Police Department, Town of Groton; and Police Department, Town of Groton
The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Minutes, Regular Meeting, July 8, 2009
Page 3
Docket #FIC 2008-498 Mark Wither v. Technology Committee, Town of Easton
Thomas Herrmann appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2008-647 Lawrence J. Merly v. Tax Assessor, City of Bridgeport; and City of Bridgeport
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-688 Ellen Bergquist, Dana L. Evans and Karen L. Emerick v. Richard Johnson, Town Manager, Town of Glastonbury; Susan Karp, Chairperson, Town Council, Town of Glastonbury; Carol H. Ahlschlager, Vice Chairperson, Town Council, Town of Glastonbury; Stewart Beckett III, Barbara C. Wagner, Kurt P. Cavanaugh, as members, Town Council, Town of Glastonbury; Town Council, Town of Glastonbury; Alan Bookman, Superintendent of Schools, Glastonbury Public Schools; Richard Brown, Chairman, Board of Education, Glastonbury Public Schools; and Board of Education, Glastonbury Public Schools
Ellen Bergquist, Dana L. Evans and Karen L. Emerick appeared on their own behalf. Attorney Morgan Rueckert appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report.* The Commissioners unanimously voted to remand the matter to the Hearing Officer for consideration of a civil penalty.
Docket #FIC 2008-727 Fred Goff v. Mayor, Town of Vernon
Attorney Martin Burke appeared on behalf of the respondent. The Commission tabled the matter. The proceedings were recorded digitally.
Minutes, Regular Meeting, July 8, 2009
Page 4
Docket #FIC 2008-765 Priscilla Dickman v. Director, Health Affairs Policy Planning, Department of Community Medicine and Health Care, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center
Priscilla Dickman appeared on her own behalf. Assistant Attorney General Donald Green and Scott Wetstone appeared on behalf of the respondents. The Commissioners voted twice 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.
The Commissioners unanimously voted to deny the respondents’ motion for reconsideration in Docket #FIC 2008-408, Gerald D. Fanfarelli v. William Celentano, Chairman Board of Fire Commissioners, City of New Haven; Boise Kimber, Member, Board of Fire Commissioners, City of New Haven; Wendy Mongillo, Member, Board of Fire Commissioners, City of New Haven; Board of Fire Commissioers, City of New Haven; Michael Grant, Chief, Fire Department, City of New Haven; Ronald Dumas, Assistant Fire Chief, Fire Department, City of New Haven; James Kottage, Chairman, Pension Board of the Policemen’s and Firemen’s Retirement Fund, City of New Haven; Wendy Mongillo, Member, Pension Board of the Policemen’s and Firemen’s Retirement Fund, City of New Haven; Jerome Sagnella, Payroll/Pension Administrator, Pension Board of the Policemen’s and Firemen’s Retirement Fund, City of New Haven; and Pension board of the Policemen’s and Firemen’s Retirement Fund, City of New Haven.
The respondent New Haven Pension Board’s motion for reconsideration was denied on the grounds that factual issues raised by the motion are not germane to the Commission’s final decision in the matter.
Colleen M. Murphy, Lisa F. Siegel and Valicia D. Harmon reported on pending appeals.
Colleen M. Murphy reported on legislation.
The meeting was adjourned at 4:03 p.m.
_______________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENTS
MINREG meeting 07082009/tah/07092009
Minutes, Regular Meeting, July 8, 2009
Page 5
AMENDMENTS
Docket #FIC 2008-480 Alexander Wood and the Manchester Journal Inquirer v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The order in the Hearing Officer’s Report is amended as follows:
3. THE RESPONDENTS SHALL ALSO PROVIDE TO THE COMPLAINANTS COPIES OF ANY SITE PHOTOGRAPHS THAT THEY MAINTAIN OF THE MGM GRAND CASINO WHICH DO NOT INCLUDE A DEPICTION OF MR. SHERMAN. SUCH PHOTOGRAPHS WERE NOT AT ISSUE IN DOCKET # FIC 2008-607.
Docket #FIC 2008-482 Keith Ashbey v. Chief, Police Department, Town of; and Police Department, Town of Groton
Paragraph 28 and the order of the Hearing Officer’s Report are amended as follows:
28. It is therefore concluded that the respondents thereby DID NOT violate 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 complain[an]t is dismissed.
Minutes, Regular Meeting, July 8, 2009
Page 6
Docket #FIC 2008-688 Ellen Bergquist, Dana L. Evans and Karen L. Emerick v. Richard Johnson, Town Manager, Town of Glastonbury; Susan Karp, Chairperson, Town Council, Town of Glastonbury; Carol H. Ahlschlager, Vice Chairperson, Council, Town of Glastonbury; Stewart Beckett III, Barbara C. Wagner, Kurt P. Cavanaugh, as members, Town Council, Town of Glastonbury; Town Council, Town of Glastonbury; Alan Bookman, Superintendent of Schools, Glastonbury Public Schools; Richard Brown, Chairman, Board of Education, Glastonbury Public Schools; and Board of Education, Glastonbury Public Schools
The Hearing Officer’s Report is amended as follows:
41. IT IS FOUND THAT ON JANUARY 8, 2009, PRIOR TO THE EVIDENTIARY HEARING IN THIS MATTER, THE COMPLAINANTS WITHDREW THEIR COMPLAINT AGAINST KURT P. CAVANAUGH. ACCORDINGLY, IT IS FOUND THAT THE RESPONDENT CAVANAUGH IS NOT RESPONSIBLE FOR THE VIOLATIONS OF THE FOI ACT DESCRIBED IN PARAGRAPHS 21, 25, 28, 35, AND 38, ABOVE.
The order in the Hearing Officer’s Report is amended as follows:
4. THE COMPLAINT AGAINST THE RESPONDENTS KURT P. CAVANAUGH, RICHARD JOHNSON, ALAN BOOKMAN, RICHARD BROWN, AND THE BOARD OF EDUCATION, GLASTONBURY PUBLIC SCHOOLS IS DISMISSED.
Docket #FIC 2008-765 Priscilla Dickman v. Director, Health Affairs Policy, Department of Community Medicine and Health Care, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center
The Hearing Officer’s Report is amended as follows:
[12. With regard to the instant matter, it is found that the respondents did not acknowledge or respond to the complainant’s request for records.
Minutes, Regular Meeting, July 8, 2009
Page 7
13. Accordingly, it is concluded that the respondents violated the promptness requirements of §§1-210(a) and 1-212(a), G.S.]
[14.] 12. At the hearing, the complainant voluntarily agreed to narrow her request for records in the following manner: The complainant requests that the respondents provide her with all emails from Feliciano Dias, Irene Kowalski, Margaret Swets, Karen Duffy Wallace, Joan Mazzone, Gary Loomis, Brian Eaton, and Jessica Van Alstyne, within the timeframes set forth in paragraph 2, above, that pertain to or mention her in any way.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondents shall strictly comply with the promptness requirements of §§1-210(a) and 1-212(a), G.S.
2. Within [ninety] THIRTY days of the NOTICE OF FINAL DECISION IN THIS MATTER, the respondents shall provide the complainant with copies of the emails described in paragraph [14] 12, above, free of charge.