TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of November 18, 2009

 

           

A regular meeting of the Freedom of Information Commission was held on November 18, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:05 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, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Kathleen K. Ross, 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 28, 2009.

                                           

 

Docket #FIC 2008-761           Jason Casiano v. Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; and Craig Sullivan, Corporation Counsel, City of Waterbury

 

              Jason Casiano participated via speakerphone. Attorney Kevin Daley appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.*

 

 

Docket #FIC 2008-789           Anthony Oliphant v. Thomas Wydra, Chief, Police Department, Town of Hamden; and Police Department, Town of Hamden

 

               Anthony Oliphant participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2008-790           Anthony Oliphant v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven

 

              Anthony Oliphant participated via speakerphone. Attorney Kathleen Foster 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.*

 

 

Minutes, Regular Meeting, November 18, 2009

Page 2

 

 

Docket #FIC 2008-796           Priscilla Dickman v. Director, State of Connecticut, Office of State Ethics; and State of Connecticut, Office of State Ethics

 

              Priscilla Dickman appeared on her own behalf. Attorney Barbara Housen appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-201           Priscilla Dickman v. Director, State of Connecticut, Office of State Ethics; and State of Connecticut, Office of State Ethics

 

              Priscilla Dickman appeared on her own behalf. Attorney Barbara Housen appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-006           Kimberly Albright Lazzari and Anthony Lazzari v. Mayor, Town of Wallingford

 

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

 

 

Docket #FIC 2009-016           Timothy Herbst v. Planning and Zoning Commission, Town of Trumbull

 

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

 

 

Docket #FIC 2009-283           Angel Morales v. Registrar of Voters, City of Hartford

 

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

 

 

Docket #FIC 2009-284           Martin Edgar and the Hartford Federation of Substitute Teachers v. Principal, Breakthrough Academy II, Hartford Public Schools; Principal, Breakthrough Academy I, Hartford Public Schools; and Hartford Public Schools

 

                Martin Edgar appeared on his own behalf. Attorney Melinda Kaufmann 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, November 18, 2009

Page 3

 

 

Docket #FIC 2009-301           Michael Carlo v. Board of Education, Vernon Public Schools

 

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

 

 

Docket #FIC 2009-352           Robert Gross v. Program Planning Department, Town of Wallingford; and Town of Wallingford

 

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

 

 

 

             Colleen Murphy reported on the New Britain Superior Court Memorandum of Decision in Commissioner, Dept. of Public Safety, Commissioner, Dept. of Correction v. Freedom of Information Commission, Peter Sachs; AFSCME, Council 4, Local 387, 391 and 1565 v. Freedom of Information Commission, Peter Sachs; State of CT, Judicial Branch v. Freedom of Information Commission, Peter Sachs; Commissioner, Dept. of Children and Families v. Freedom of Information Commission, Peter Sachs; and Assessor, Town of North Stonington, et al. v. Freedom of Information Commission, Peter Sachs..

 

               Victor R. Perpetua reported on pending appeals.            

 

                The Commissioners officially commended Executive Director Colleen M. Murphy for her Recognition as the Hartford Business Journal’s Public Sector Business Leader of the Year.

 

               

                   The meeting was adjourned at 3:22 p.m.

 

 

 

______________________

 

Thomas A. Hennick

 

 

 

 

 

 

*SEE ATTACHED FOR CORRECTION and AMENDMENTS

MINREG meeting 11182009/tah/11202009

 

 

 

 

 

 

Minutes, Regular Meeting, November 18, 2009

Page 4

 

CORRECTION and AMENDMENTS

 

Docket #FIC 2008-761           Jason Casiano v. Chief, Police Department, City of Waterbury; Police Department, City of Waterbury; and Craig Sullivan, Corporation Counsel, City of Waterbury

 

 

            The Hearing Officer’s Report is corrected as follows:

 

14.  It is found that the arrest logs provided in response to paragraphs 6.c and [6.c] 6.d, above, were redacted to eliminate cases that were nolle’d or dismissed.  None of the redacted information pertains to the complainant.

 

16.  The Commission notes that the complainant is seeking records concerning his own August 13, 1995 arrest, because he was brought into the Waterbury police station and searched, but has been unable to locate any Waterbury police department records THAT reflect that occurrence.

 

 

 

Docket #FIC 2008-790           Anthony Oliphant v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven

 

 

            Paragraph 17 of the Hearing Officer’s Report is amended as follows:

 

17. It is found that the respondent Chief is directly responsible for the violations of the FOI Act and that he acted without reasonable grounds.  HOWEVER, THE COMMISSION, IN ITS DISCRETION, DECLINES TO IMPOSE A CIVIL PENALTY.

 

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

 

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

 

[1. Forthwith, the respondent Chief of Police James M. Lewis shall remit a civil penalty in the amount of $100.00 to this Commission.]

 

1.               HENCEFORTH, THE RESPONDENTS SHALL STRICTLY COMPLY WITH THE PROMPTNESS REQUIREMENT S OF §1-212 (a) G.S.