20100113MRM

TO: Freedom of Information Commission

FROM: Thomas A. Hennick

RE: Minutes of the Commission’s regular meeting of January 13, 2010

A regular meeting of the Freedom of Information Commission was held on January 13, 2010, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:07 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, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, 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 December 16, 2009 and the minutes of the Commission’s special meeting of December 23, 2009.

Docket #FIC 2009-053 Martin V. v. Administrator, State of Connecticut, Department of Correction, Freedom of Information Office; State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

Martin V. participated via speakerphone. Assistant Attorney General Steven Strom appeared on behalf of the respondents. FOIC Attorney Valicia D. Harmon served as interpreter. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Minutes, Regular Meeting, January 13, 2010

Page 2

Docket #FIC 2009-059 Raymond Cerilli v. James M. Lewis, Chief, Police Department, City of New Haven; and Police Department, City of New Haven

Raymond Cerilli 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 #FIC 2007-228 Wanda Smith and Nelson Leon v. Director of Human Resources, State of Connecticut, Connecticut Lottery Corporation

Wanda Smith and Nelson Leon appeared on their own behalf. Attorney Sheila Huddleston appeared on behalf of the respondents. The Commissioners voted, 4-1, to adopt the Hearing Officer’s Report. Commissioner Eagan voted against adoption. The proceedings were recorded digitally.

Docket #FIC 2009-037 Dana Evans and Karen Emerick v. Susan Karp, Chairperson, Town Council, Town of Glastonbury; Carol Ahlschlager, Vice Chairperson, Town Council, Town of Glastonbury; Stewart Beckett III, Member, Town Council, Town of Glastonbury; Whit Osgood, Member, Town Council, Town of Glastonbury; Kurt Cavanaugh, Member, Town Council, Town of Glastonbury; Marti Curtiss, Member, Town Council, Town of Glastonbury; Caroline Treiss, Member, Town Council, Town of Glastonbury; Barbara Wagner, Member, Town Council, Town of Glastonbury; Timothy Coon, Town Council, Town of Glastonbury; and Town Council, Town of Glastonbury

Dana Evans and Karen 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 adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.

Minutes, Regular Meeting, January 13, 2010

Page 3

Docket #FIC 2009-049 Richard Duffee v. Executive Director, State of Connecticut, Connecticut Commission on Culture and Tourism; and State of Connecticut, Connecticut Commission on Culture and Tourism

Richard Duffee appeared on his own behalf. 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 2009-066 Amanda Gebicki v. Elliott Landon, Superintendent of Schools, Westport Public Schools; and Westport Public Schools

Amanda Gebicki appeared on her own behalf. Attorney Thomas Mooney 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 2009-105 Peter Brovero v. President, Giants Neck Heights Association; and Giants Neck Heights Association

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

Docket #FIC 2009-145 Thomas Germain v. Town Clerk, Town of Manchester; and Town of Manchester

Thomas Germain appeared on his own behalf. Attorney Tim O’Neill appeared on behalf of the respondents. Chairman O’Keefe denied the complainant’s request for extra time to present an oral argument. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.

Minutes, Regular Meeting, January 13, 2010

Page 4

Docket #FIC 2009-254 Robert Noiseux, Carolyn Noiseux, Eleanor Orlomoski, June Leiss, Alison Haber, Steven Orlomoski; and Concerned Citizens of Plainfield v. Board of Directors, Connecticut Clean Energy Fund

Attorney Peter Boucher appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-315 Linda Lee v. Commissioner, State of Connecticut, Department of Children & Families; and State of Connecticut, Department of Children & Families

Linda Lee appeared on her own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-547 Jeffrey T. Kriete v. Joan Angelini, Town Clerk, Town of Westbrook

Jeffrey T. Kriete appeared on his own behalf. The Commissioners unanimously voted to remand the matter to the Hearing Officer for reconsideration. The proceedings were recorded digitally.

Docket #FIC 2009-583 Paul Garlasco v. Amy Allingham, Treasurer, Town of Bridgewater; and Town of Bridgewater

Paul Garlasco appeared on his own behalf. Attorney Scott Karsten and Attorney Larry Pereira appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Valicia D. Harmon reported on the Supreme Court decision in Board of Selectmen of the Town of Ridgefield v. Freedom of Information Commission, et al.

The meeting was adjourned at 5:20 p.m.

______________________

Thomas A. Hennick

*SEE ATTACHED FOR AMENDMENTS and CORRECTIONS

MINREG meeting 01132010/tah/10142010

Minutes, Regular Meeting, January 13, 2010

Page 5

AMENDMENTS AND CORRECTION

Paragraphs 24 and 25 of the Hearing Officer’s Report are amended as follows:

24. It is found that, in Docket #FIC 2008-688, the Commission determined that the respondents’ convened in executive session for a permissible purpose under §1-200(6)(D), G.S., when it discussed the acquisition of the MDC property for the magnet school in executive session at its [October 14, 2008] SEPTEMBER 30, 2008 meeting.

25. It is found that the purpose of the respondents’ December 19, 2008 executive session was the same as that for the [October 14, 2008] SEPTEMBER 30, 2008 executive session and that there had been no substantive change in the circumstances related to the acquisition of that property.

Docket #FIC 2009-049 Richard Duffee v. Executive Director, State of Connecticut, Connecticut Commission on Culture and Tourism; and State of Connecticut, Connecticut Commission on Culture and Tourism

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

2. The respondents shall forthwith set a date and time during regular office or business hours of the respondent Commission for the complainant to inspect any and all records from which the complainant may glean the information described in paragraphs 2 and [5] 4 of the findings above. Such date and time shall be [with] WITHIN thirty days from the issuance of the final decision in this matter.

Minutes, Regular Meeting, January 13, 2010

Page 6

Docket #FIC 2009-066 Amanda Gebicki v. Elliott Landon, Superintendent of Schools, Westport Public Schools; and Westport Public Schools

Paragraphs 3 and 4 of the Hearing Officer’s Report are amended as follows:

3. It is found that the complainant, by letter dated January [22] 3, 2009, requested that the respondent Superintendent provide, among other records no longer at issue:

All documents and communications, including but not limited to e-mail messages, bid specifications and proposals and work orders, in connection with indoor air quality issues, facility maintenance and ventilation issues at Kings Highway School from August 2005 to the present.

4. It is found the respondents began providing a substantial number of records and answers to questions on January 28, [2009] 2008.

Docket #FIC 2009-145 Thomas Germain v. Town Clerk, Town of Manchester; and Town of Manchester

Paragraph 10 of the Hearing Officer’s Report is corrected as follows:

10. The complainant further testified, and it is found, that he began to use his flatbed scanner to copy land records in the respondents’ town hall in 2002, when the provision concerning scanning, as referenced in paragraph 9, above, was codified into the FOI Act. It is further found that THE first time the complainant was informed by the respondent town clerk that he could not use his flatbed scanner to copy land records was in March 2009.