TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of August 26, 2009
A regular meeting of the Freedom of Information Commission was held on August 26, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:08 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, Eric V. Turner, Mary E. Schwind, Victor R. Perpetua, Gregory F. Daniels, Tracie C. Brown, 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 August 12, 2009.
Docket #FIC2008-573 Vernon Horn v. Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Vernon Horn 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 #FIC2008-600 Lawrence Townsend v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut; Department of Correction
Lawrence Townsend participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, August 26, 2009
Page 2
Docket #FIC 2008-613 Vance Solman v. Chief, Police Department, City of New Haven; and Police Department, City of New Haven
Vance Solman participated via speakerphone. Kathleen Foster appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-762 Woodbury Donuts LLC and Eyre LLC v. Zoning Commission, Town of Woodbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-774 Bradshaw Smith v. Kendall F. Wiggin, State Librarian, State of Connecticut, Connecticut State Library; and State of Connecticut, Connecticut State Library
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2008-805 Pat DeAngelis v. Treasurer, Fire Department, Town of Middlebury; and Fire Department, Town of Middlebury
Attorney Mary Alice Moore Leonhardt appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-015 Gerald L. Fanfarelli v. William Celentano, Chairman, Board of Fire Commissioners, City of New Haven; Michael Grant, Chief, Fire Department, City of New Haven; and Board of Fire Commissioners, City of New Haven
The Commission marked as an exhibit a letter from Attorney Elizabeth Ceriello on behalf of the complainant. Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.*
Minutes, Regular Meeting, August 26, 2009
Page 3
Docket #FIC 2009-021 Robert Testa v. Natalie Pukas, Superintendent of Schools, North Stonington Public Schools; Darren Robert, Chairman, Board of Education, North Stonington Public Schools; David McCord, Vice Chairman, Board of Education, North Stonington Public Schools; William Briscoe, Eleanor Banker, Cres Secchiaroli, Mary Ann Ricker, and John Keane, as members, Board of Education, North Stonington Public Schools; and Board of Education, North Stonington Public Schools
Robert Testa appeared on his own behalf. Attorney Anne Littlefield appeared on behalf of the respondents. The Commissioners unanimously voted to reopen the matter.
Docket #FIC 2009-030 Daniel R. Schwartz v. Donna B. Munroe, Associate Vice President for Human Resources and Payroll Services, State of Connecticut, University of Connecticut; and State of Connecticut, University of Connecticut
Daniel Schwartz appeared on his own behalf. Assistant Attorney General Michael Sullivan appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-117 Stephen A. Bickford v. David McCord, Member, Board of Education, North Stonington Public Schools; and Board of Education, North Stonington Public Schools
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-142 Gregory Marsh v. Emily Smith, Freedom of Information Officer, State of Connecticut, Connecticut Innovations, Incorporated; State of Connecticut, Connecticut Innovations, Incorporated; and Connecticut Clean Energy Fund
The Commissioners tabled the matter.
Docket #FIC 2009-188 Arthur L. DeSorbo v. Mayor, Town of East Haven
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, August 26, 2009
Page 4
The Commissioners voted unanimously to reject a Motion to Reconsider Final Decisions dated August 3, 2009, in Docket #FIC 2008-631, Lamberto Lucarelli v. Chief, Police Department Town of Old Saybrook; and Police Department, Town of Old Saybrook and Docket #FIC 2008-701, Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; Police Department, Town of Old Saybrook; and Town Counsel, Town of Old Saybrook.
The Commissioners voted unanimously to reject a Motion to Reconsider Final Decision dated August 11, 2009 in Docket #FIC 2009-094, Peter Rusciano v. Health Department, City of Stamford.
The Commissioners took no action on a New Britain Superior Court Memorandum of Decision in State of Connecticut, Department of Public Safety v. Freedom of Information Commission, et al dated August 14, 2009.
Attorneys Victor R. Perpetua and Tracie C. Brown reported on the Supreme Court decision in Director of Health Affairs Policy Planning, University of Connecticut Health Center v. Freedom of Information Commission, SC 18286, officially released August 25, 2009.
Victor R. Perpetua reported on pending appeals.
The meeting was adjourned at 3:18 p.m.
_______________________
Thomas A. Hennick
*SEE ATTACHED FOR CORRECTIONS
MINREG meeting 08262009/tah/08272009
Minutes, Regular Meeting, August 26, 2009
Page 5
Docket #FIC 2009-015 Gerald L. Fanfarelli v. William Celentano, Chairman, Board of Fire Commissioners, City of New Haven; Michael Grant, Chief, Fire Department, City of New Haven; and Board of Fire Commissioners, City of New Haven
The order in the Hearing Officer’s Report is corrected as follows:
29. It is found that the complainant’s medical condition and medical records were discussed during the executive session of the respondent Board’s April 3, 2008 meeting. It is further found that it is very likely that [that] THE complainant’s medical condition and medical records were discussed during the executive session of the respondent Board’s April 30, 2008 meeting.
33. It is concluded that discussing the medical condition and/or medical records of an employee in the context of considering whether such employee can return to work or whether an agency should initiate his involuntary retirement, constitutes “[d]iscussion concerning the appointment, employment, performance, evaluation, health or dismissal OF a public officer or public employee” within the meaning of §1-200(6)(A), G.S.