TO: Freedom of Information Commission
FROM: Mary E. Schwind
RE: Minutes of the Commission’s regular meeting of December 16, 2009
A regular meeting of the Freedom of Information Commission was held on December 16 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m. with the following Commissioners present:
Commissioner Andrew J. O’Keefe, presiding
Commissioner Sherman D. London
Commissioner Dennis E. O’Connor
Commissioner Norma E. Riess
Commissioner Owen P. Eagan
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Clifton A. Leonhardt, Mary E. Schwind, Tracie C. Brown, 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 upon request.
The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of December 2, 2009.
Docket #FIC 2009-020 Richard Stevenson v. Joan M. Ellis, Administrator, State of Connecticut, Department of Correction, Freedom of Information Office; and State of Connecticut, Department of Correction
Richard Stevenson participated via speakerphone. Assistant Attorney General Terence O’Neill appeared on behalf of the respondents. Attorney J. William Gagne, Esq., appeared on behalf of the intervener AFSCME Council 4, Locals 387, 391 and 1565. Attorney Robert J. Krzys appeared on behalf of the Connecticut State Employees Association, SEIU, Local 2001 (SEIU). The Commissioners unanimously voted to grant the motion of SEIU to intervene in this matter. The Commissioners then ordered the production of certain evidence by SEIU and unanimously voted to table this matter until a subsequent meeting. The proceedings were recorded digitally.
Docket #FIC 2009-028 Luis Fernandez v. Director, State of Connecticut, Department of Public Safety, Division of Scientific Services; and State of Connecticut, Department of Public Safety
Luis Fernandez participated via speakerphone. Assistant Attorney General Terence O’Neill appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-021 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 voted 3-2 to adopt the Hearing Officer’s Report (Commissioners O’Keefe and Eagan in opposition). The proceedings were recorded digitally.
Docket #FIC 2009-026 Kimberly Albright Lazzari and Anthony Lazzari v. Commissioner, State of Connecticut, Department of Motor Vehicles; and State of Connecticut, Department of Motor Vehicles
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-150 Kimberly Albright Lazzari and Anthony Lazzari v. Commissioner, State of Connecticut, Department of Motor Vehicles; and State of Connecticut, Department of Motor Vehicles
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-038 David A. LeBlanc v. Elaine Adams, Chairman, Town Council, Town of Watertown; Raymond Primini, Vice Chairman, Town Council, Town of Watertown; Gary Bernier, Member, Town Council, Town of Watertown; Richard DiFederico, Member, Town Council, Town of Watertown; Richard Fusco, Member, Town Council, Town of Watertown; Carl Mancini, Member, Town Council, Town of Watertown; Scott Marotta, Member, Town Council, Town of Watertown
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-088 Michael Courtney and State of Connecticut, Office of the Chief Public Defender v. Chairperson, State of Connecticut, Connecticut Medical Examining Board; and State of Connecticut, Connecticut Medical Examining Board.
Michael Courtney and Daniel Habib appeared on behalf of the complainants. Attorney Kerry Colson appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report and indicated that such decision is ad hoc. The proceedings were recorded digitally.
Docket #FIC 2009-315 Linda Lee v. Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families
The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The complainant later appeared and requested argument on the report. The Commissioners unanimously voted to reopen the decision for the purpose of providing all parties an opportunity to address the Commission. The matter was then tabled.
Docket #FIC 2009-400 Stephen Santangelo v. Board of Directors, Covenant Shelter of New London, Inc.
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-412 The Connecticut Post v. Lt. J. Paul Vance, Commanding Officer, Public Information Office, State of Connecticut, Department of Public Safety, Division of State Police; State of Connecticut, Department of Public Safety, Division of State Police; Chief, Police Department, City of Milford; Police Department, City of Milford; Chief, Police Department, Town of Orange; and Police Department, Town of Orange
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Consideration of Motion for Reconsideration dated November 13, 2009, in Docket #FIC 2009-177, Robert Kalechman v. Performing Arts Center Board, Town of Simsbury.
Robert Kalechman appeared on his own behalf. Attorney Robert DeCrescenzo appeared on
behalf of the respondents. The Commissioners unanimously voted to reopen and reconsider the Final Decision in Docket #FIC2009-177. The Commission ordered new evidence to be taken in. Such evidence will be limited to the issues raised in the motion to reconsider the matter. The proceedings were recorded digitally.
Colleen Murphy reported on staff reports.
The meeting was adjourned at 3:45 p.m.
______________________
Mary E. Schwind
December 22, 2009
MINREG meeting 12162009/mes/12222009