20101117MRM

TO: Freedom of Information Commission

FROM: Thomas A. Hennick

RE: Minutes of the Commission’s regular meeting of November 17, 2010

A regular meeting of the Freedom of Information Commission was held on November 17, 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 Norma E. Riess

Commissioner Owen P. Eagan

Commissioner Amy J. LiVolsi

Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, Tracie C. Brown, Lisa F. Siegel, 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 27, 2010.

Docket #FIC 2010-046 Jose Calderon v. Freedom of Information Liaison, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

Jose Calderon participated via speakerphone. Nancy Case O’Brasky appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2010-047 Jose Calderon v. Warden, State of Connecticut, Department of Correction, Carl Robinson Correctional Institution; and State of Connecticut, Department of Correction

Minutes, Regular Meeting, November 17, 2010

Page 2

Docket #FIC 2010-093 John C. Barletta v. Kimberly Weir, Acting Director of Security, State of Connecticut, Department of Correction; Angel Quiros, Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

John C. Barletta participated via speakerphone. Nancy Case O’Brasky 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

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

Docket #FIC 2009-756 Bradshaw Smith v. Robert E. Moore, Chief Administrative Officer, Metropolitan District Commission; Kristine Shaw, District Clerk, Metropolitan District Commission; and Metropolitan District Commission

Bradshaw Smith appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2009-779 Bradshaw Smith v. Milo Peck, President, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools

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

Docket #FIC 2009-785 Gail Lane and Tom Lane v. Commissioner, State of Connecticut, Department of Environmental Protection; and State of Connecticut, Department of Environmental Protection

Gail Lane appeared on her own behalf. Attorney Dean Applefield 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 17, 2010

Page 3

Docket #FIC 2010-138 Gary Pawlik v. Tax Assessor, Town of Simsbury; and Town of Simsbury

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

Docket #FIC 2010-139 Gary Pawlik v. Tax Collector, Town of Simsbury

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

Docket #FIC 2010-183 Sebrina Heroux v. Board of Selectmen, Town of Brooklyn

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

Docket #FIC 2010-185 Donna L. Roberto v. Richard D. Nicholson, Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services; and Louis E. Garcia

Donna Roberto appeared on her own behalf. Attorney Louis Bucari appeared on behalf of the respondents. The Commissioners unanimously voted twice to amend the Hearing Officer’s Report. The Commissioners voted, 3-2, to amend the Hearing Officer’s Report a third time. Commissioners Eagan and LiVolsi voted against the third amendment pertaining to the disclosure of respondent Garcia’s employee identification number in Paragraph 21 . The Commissioners voted unanimously to approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.

The Commissioners voted unanimously to authorize Victor R. Perpetua to continue pursuit of a settlement agreement in Commissioner, State of Connecticut, Department of Corrections and Commissioner, State of Connecticut, Department of Environmental Protection v. Freedom of Information Commission and John Sylvia.

Minutes, Regular Meeting, November 17, 2010

Page 4

Victor R. Perpetua reported on the New Britain Superior Court Memorandum of Decision in Town of Enfield, et al. v. Freedom of Information Commission, et al. and Duane Tompkins v. Freedom of Information Commission, et al. dated November 5, 2010.

Victor R. Perpetua reported on the Supreme Court decision in Department of Public Safety v. Freedom of Information Commission et al.

Victor R. Perpetua reported on pending appeals.

Colleen M. Murphy reported that Alvin Wilson had been hired to fill the commission’s legislative liaison position.

Colleen M. Murphy informed commissioners that the meeting would be the last for Chairman O’Keefe, whose term has ended. On behalf of the FOI staff, she thanked him for his 15 years of dedicated service to the FOIC and his commitment to the cause of open and accessible government. Commissioners London, Eagan, LiVolsi and Riess also offered their thanks to the outgoing chairman for his years of service and his tutelage about the intricacies of the FOI Act.

The meeting was adjourned at 3:47 p.m.

_________________

Thomas A. Hennick

*SEE ATTACHED FOR CORRECTION and AMENDMENTS

MINREG meeting 1172010/tah/11182010

Minutes, Regular Meeting, November 17, 2010

Page 5

CORRECTIONS and AMENDMENTS

Docket #FIC 2010-183 Sebrina Heroux v. Board of Selectmen, Town of Brooklyn

Paragraph 20 in the Hearing Officer’s Report is corrected as follows:

20. At the hearing in this matter, Ms. Soucy testified that she misunderstood the complainant’s February 27^th request, described in paragraph [15] 16, above, believing it to be a request for a copy of the 2010-2011 draft budget. However, it is found that the only reasonable interpretation of the February 27^th request is that it was a request for a copy of the records, whatever they were, that the board was reviewing and discussing at the meeting. It is also found that Ms. Soucy never asked any member of the board which documents they were reviewing and discussing at the meeting, so that she could have properly responded to the request.

The Hearing Officer’s Report is amended as follows:

17. It is found that the following items claimed to be exempt from mandatory disclosure pursuant to §1-210(b)(2), G.S., are either respondent Garcia’s social security number or a home address, and therefore are outside the scope of the request set forth at paragraph 2, above:

a) IC-2010-185-7, lines 6-7;

b) IC-2010-185-8, lines 6-7;

c) IC-2010-185-9, lines 7, 9-12;

d) IC-2010-185-10, lines 5, 7 and 8;

e) IC-2010-185-11, lines 6, 9-11;

f) IC-2010-185-12, lines 6, 9-11;

g) IC-2010-185-13, lines 6, 9 and 10;

h) IC-2010-185-14, lines 4-6;

i) IC-2010-185-15, bottom portion; [and]

j) IC-2010-185-17, [lines 1-5.] entire page; and

k) IC-2010-185-43, line 8.

Minutes, Regular Meeting, November 17, 2010

Page 6

20. It is also found that the following items are respondent Garcia’s home telephone number, which is unlisted, HIS EMERGENCY CONTACT INFORMATION, or his employee identification number:

a) IC-2010-185-7, line 8, and lines 10-11;

b) IC-2010-185-8, line 8, and lines 11-12;

c) IC-2010-185-9, line 16, and lines 18-19;

d) IC-2010-185-10, lines 6 and 9;

e) IC-2010-185-11, line 10, and lines 14-15;

f) IC-2010-185-12, line 9, lines 14-15, and line 25;

g) IC-2010-185-13, lines 7 and 11; [and]

h) IC-2010-185-14, lines 9-10, and lines 12-14[.];

i) IC-2010-185-42, line 3; and

j) IC-2010-185-43, line 7;

The Department of Revenue Services respondents claimed these items to be exempt from mandatory disclosure pursuant to §1-210(b)(2), G.S.

21. It is concluded that respondent Garcia’s unlisted home telephone number is exempt from mandatory disclosure. See Director, Retirement and Benefits Services Division, Office of the Comptroller v. FOIC, 256 Conn. 764 (2001). It is also concluded that [an employee identification number is an identifier like a social security number, which the Commission declines to order disclosed.] , BASED ON THE FACTS AND CIRCUMSTANCES OF THIS CASE, THE COMMISSION, IN ITS DISCRETION, DECLINES TO ORDER THE DISCLOSURE OF RESPONDENT GARCIA’S EMERGENCY CONTACT INFORMATION OR HIS EMPLOYEE IDENTIFICATION NUMBER.