TO: Freedom of Information Commission
FROM: Mary E. Schwind
RE: Minutes of the Commission’s regular meeting of July 14, 2010
A regular meeting of the Freedom of Information Commission was held on July 14, 2010, 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 Norma E. Riess (participated via speakerphone)
Commissioner Owen P. Eagan
Commissioner Amy J. LiVolsi
Also present were staff members Eric V. Turner, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, Valicia D. Harmon, Kathleen K. Ross, Lisa F. Siegel, Paula S. Pearlman, Tracie C. Brown, Cindy Cannata, and Mary E. Schwind.
The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of June 23, 2010.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.
Docket #FIC 2009-483 Bryant Rollins v. Executive Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; and State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care
Bryant Rollins participated via speakerphone. The respondents did not appear. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2009-490 Luis Fernandez v. Chief, Police Department, City of Stamford; and Police Department, City of Stamford
Luis Fernandez participated via speakerphone. Attorney Michael Toma appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-480 Karen Murphy v. Benjamin Barnes, Chairman, Water Pollution Control Authority, City of Stamford; Sandra Dennies, Member, Water Pollution Control Authority, City of Stamford; Water Pollution Control Authority, City of Stamford; Jeanette Brown, Member, Selection Committee, Water Pollution Control Authority, City of Stamford; and Selection Committee, Water Pollution Control Authority, City of Stamford
Karen Murphy appeared on her own behalf. Attorney Michael Toma 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 2009-497 Norman Gaines v. Joseph Gaudett, Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-580 Frank A. Perrelli v. Commissioner, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2009-673 Priscilla Dickman v. Director of Health Affairs Policy Planning, State of Connecticut, University of Connecticut Health Center, Office of Health Center Administration; and State of Connecticut, University of Connecticut Health Center
The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.*
Docket #FIC 2009-778 Gregory Norsigian v. Town and City Clerk, City of Hartford; Mayor, City of Hartford; Chief, Police Department, City of Hartford; Police Department, City of Hartford; Office of Corporation Counsel, City of Hartford; and City of Hartford
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-042 Patrick Vincent McCue v. First Selectman, Town of Simsbury; and Town of Simsbury
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-161 Gerald Scully, Jr. v. Commissioner, State of Connecticut, Department of Motor Vehicles, Commercial Safety Division; and State of Connecticut, Department of Motor Vehicles
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Lisa Siegel reported on the recent Memorandum of Decision of the New Britain Superior Court in Pictometry v. FOIC; Department of Environmental Protection v. FOIC; and Department of Public Works v. FOIC, dated June 23, 2010.
Victor Perpetua reported on pending appeals.
The Commissioners unanimously voted to add the following item to the agenda:
Consideration of withdrawal of the following appeals in the Supreme Court of Connecticut:
1) Commissioner of Correction v. Freedom of Information Commission and David Taylor, SC18491, and
2) Commissioner of Correction v. Freedom of Information Commission and David Taylor, SC18492.
The Commissioners unanimously voted to withdraw the following appeals in the Supreme Court of Connecticut:
1) Commissioner of Correction v. Freedom of Information Commission and David Taylor, SC18491, and
2) Commissioner of Correction v. Freedom of Information Commission and David Taylor, SC18492.
The meeting was adjourned at 3:02 p.m.
______________________
Mary E. Schwind
7/15/2010
* SEE ATTACHED FOR AMENDMENTS AND CORRECTIONS
MINREG meeting 07142010/mes/07152010
AMENDMENTS AND CORRECTIONS
Docket #FIC 2009-480 Karen Murphy v. Benjamin Barnes, Chairman, Water Pollution Control Authority, City of Stamford; Sandra Dennies, Member, Water Pollution Control Authority, City of Stamford; Water Pollution Control Authority, City of Stamford; Jeanette Brown, Member, Selection Committee, Water Pollution Control Authority, City of Stamford; and Selection Committee, Water Pollution Control Authority, City of Stamford
Paragraph 25 of the Hearing Officer’s Report is amended as follows:
25. However, it is found that, during the executive session on August 18, 2009, members of the respondent committee discussed written questions for interviewees that had been prepared for the Committee. It is also found that such questions were used and relied upon by the Committee during the executive session. By reasonable inference, it is found that such records constitute records or files made by a public agency in connection with the contract award process, within the meaning of §1-210(b)(24), G.S. It is further found that such discussion occurred before the contract at issue was awarded. It is also found that the chief executive officer of the agency certified that the public interest in disclosure of such records or files is outweighed by the public interest in [disclosure] CONFIDENTIALITY of such records or files.
Docket #FIC 2009-673 Priscilla Dickman v. Director of Health Affairs Policy Planning, State of Connecticut, University of Connecticut Health Center, Office of Health Center Administration; and State of Connecticut, University of Connecticut Health Center
The introductory paragraph of the Hearing Officer’s Report is corrected as follows:
The above-captioned matter was heard as a contested case on April 7, [2009] 2010, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.