TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of October 28, 2009

 

           

A regular meeting of the Freedom of Information Commission was held on October 28, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:21 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

             Commissioner Owen P. Eagan

                                                           

Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Tracie C. Brown, Gregory F. Daniels, 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 October 14, 2009.

                                           

 

Docket #FIC 2008-715           William J. Choma, Jr. v. Princess Pocotopaug Corporation

 

              William Choma appeared on his own behalf. Attorney Timothy Kearney and Irene Curtis 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 2008-743           John O’Connell and the Hartford Small Business and Taxpayer Alliance v. Finance Department, City of Hartford; and City of Hartford

 

               Attorney John Rose 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, October 28, 2009

Page 2

 

 

Docket #FIC 2008-750           Michael Jacobs v. Legal Division, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services

 

              Assistant Attorney General Heather Wilson 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 2009-122           Total Energy v. Commissioner, State of Connecticut, Department of Public Utility Control; and State of Connecticut, Department of Public Utility Control

 

              The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2009-132           Ruth Loomis v. President, Lake Bunggee Tax District; and Lake Bunggee Tax District

 

               The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*

 

 

Docket #FIC 2009-177           Robert Kalechman v. Performing Arts Center Board, Town of Simsbury

 

              Robert Kalechman appeared on his own behalf. Attorney Richard Pingle 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. At the request of the parties, the Commissioners voted to reopen the matter. 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 2009-307           Janice Coppola v. Supervising Sanitarian, City of Waterbury; and City of Waterbury

 

             The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 


 

Minutes, Regular Meeting, October 28, 2009

Page 3

 

 

Docket #FIC 2009-349           Denise Forgione v. Legal Advisor, Legal Affairs Unit, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety

 

               The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2009-358           Bridgitte Prince v. Karen Mehigen, Director of Human Resources, State of Connecticut, Connecticut Lottery Corporation; and State of Connecticut, Connecticut LotteryCorporation

 

               The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

 

             The Comissioners unanimously voted to deny the respondents’ Motion to Stay Enforcement of Commission Decision in Docket  #FIC 2009-018, Paul Wright, Alex Friedmann And the Prison Legal News v. Office of Corporation Counsel, City of Hartford, dated October 16, 2009.

 

               Kathleen K. Ross reported on the New Britain Superior Court Memorandum of Decision in The Winton Park Association, Inc. v. Freedom of Information Commission, et al., dated  October 7, 2009.

 

               Valicia D. Harmon reported on pending appeals.            

 

 

 

                The meeting was adjourned at 3:08 p.m.

 

______________________

 

Thomas A. Hennick

 

*SEE ATTACHED FOR CORRECTION and AMENDMENTS

MINREG meeting 10282009/tah/10292009

 

 

 

 

Minutes, Regular Meeting, October 28, 2009

Page 4

 

CORRECTION and AMENDMENTS

 

Docket #FIC 2008-715           William J. Choma, Jr. v. Princess Pocotopaug Corporation

 

 

            The order in the Hearing Officer’s Report is amended as follows:

 

2.  THE RESPONDENT PRINCESS POCOTOPAUG CORPORATION SHALL CONTACT THE COMMISSION AND SCHEDULE A WORKSHOP FOR ITS MEMBERS CONCERNING THE FOIA.

 

 

Docket #FIC 2008-750           Michael Jacobs v. Legal Division, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services

 

            Paragraph 7 of the Hearing Officer’s Report is corrected as follows:

 

            7.  On May 18, [2008] 2009, the respondents submitted to the Commission for an in camera inspection all of the records responsive to the complainant’s request.  The requested records consist of petitions filed under §§12-218(d)(c)-(d) and 12-218b, G.S., responses to those petitions, and related correspondence and notes. The records submitted were accompanied by an index describing the nature of the documents, a short description of the documents, and the specific basis for withholding the document.

 

 

Docket #FIC 2009-132           Ruth Loomis v. President, Lake Bunggee Tax District; and Lake Bunggee Tax District

 

 

              The order in the Hearing Officer’s Report is amended as follows:

 

 

              The following orders by the Commission are hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                 1.  FORTHWITH, THE RESPONDENTS SHALL PROVIDE THE COMPLAINANT WITH THE RECORDS DESCRIBED IN PARAGRAPH 20. 

                 [1.] 2. Henceforth, the respondents shall provide all non-exempt requested records promptly.  

       [ 2.] 3.  The respondent Tax District shall contact the Commission and schedule a workshop for its members concerning the FOIA.

Minutes, Regular Meeting, October 28, 2009

Page 5

 

 

Docket #FIC 2009-177           Robert Kalechman v. Performing Arts Center Board, Town of Simsbury

 

The Hearing Officer’s Report is amended as follows:

 

11.  IT IS CONCLUDED THAT THE FAILURE TO PREPARE AND FILE MINUTES IS A CONTINUING VIOLATION. With respect to the respondent's November 19, 2008 special meeting, [it is found that the notice of appeal in this matter was filed more than thirty days after the denial of the right alleged in paragraph 8, above, within the meaning of § 1-206, G.S.  Accordingly,] it is concluded that the Commission HAS [lacks] subject matter jurisdiction [with respect to such meeting].

 

12.   THE RESPONDENT CONCEDES THAT IT DID NOT POST MINUTES OF ITS NOVEMBER 19, 2008 MEETING ON ITS WEBSITE. [It is found that there is no evidence that the respondent neglected to post the agendas and minutes of any other meetings prior to the filing of the complaint in this matter.]

 

13.     It is therefore concluded that the respondent [did not] violated the FOI Act by neglecting to post THE MINUTES OF ITS NOVEMBER 19, 2008 MEETING ON ITS WEBSITE [their minutes and agendas, as alleged in the complaint].  THE COMMISSION NOTES THAT THE REQUIREMENT THAT PUBLIC AGENCIES POST MINUTES ON THEIR WEBSITE WAS ENACTED IN OCTOBER 2008.

 

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1. HENCEFORTH, THE RESPONDENT SHALL STRICTLY COMPLY WITH §1-225(d), G.S.  [The complaint is hereby dismissed].