TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of May 25, 2011
A regular meeting of the Freedom of Information Commission was held on May 25, 2011, 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 Norma E. Riess, presiding
Commissioner Sherman D. London
Commissioner Owen P. Eagan
Commissioner Amy J. LiVolsi
Also present were staff members, Colleen M. Murphy, Eric V. Turner, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen R. 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 May 11, 2011.
Docket #FIC 2010-357 Craig Wilson v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
Craig Wilson participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
Docket #FIC 2010-407 Jason Day v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health
Jason Day participated via speakerphone. Assistant Attorney General Daniel Shapiro 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, May 25, 2011
Page 2
Docket #FIC 2009-465 David Taylor v. Director, State of Connecticut, Department of Correction, Offender Classification & Population Management; and State of Connecticut, Department of Correction
David Taylor participated via speakerphone. Assistant Attorney General Lynn Wittenbrink 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 2010-497 Kacey Lewis v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury
Action on the matter was postponed.
Docket #FIC 2010-462 Robert Fromer v. Gilbert Linnea, Chairman, Inland Wetlands Commission, Town of Windsor; Robert Fromer, Ruth Jefferis, Willa Nemetz, and Paul St. Amand, as members, Inland Wetlands Commission, Town of Windsor; and Inland Wetlands Commission, Town of Windsor
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-474 Robert Fromer v. Gilbert Linnea, Chairman, Inland Wetlands and Watercourses Commission, Town of Windsor, Ruth Jefferis, Willia Nemetz, Paul St. Amand and Lillard Jay Lewis as members, Inland Wetlands and Watercourses Commission, Town of Windsor; and Inland Wetlands and Watercourses Commission, Town of Windsor
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, May 25, 2011
Page 3
Docket #FIC 2010-466 Margaret Miner and the Rivers Alliance of Connecticut v. Commissioner, State of Connecticut, Department of Public Works; and State of Connecticut, Department of Public Works
The Commissioners unanimously voted to adopt the Hearing Officer’s Report. Subsequently, Margaret Miner appeared on her own behalf. The Commissioners unanimously voted to reopen the matter. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* When the matter was reopened, the proceedings were recorded digitally.
Docket #FIC 2010-485 James Ricci v. John A. Danaher, III, Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-487 Ellen L. F. Strauss and Mark Holofcener v. Chief, Police Department, Town of Westport; and Police Department, Town of Westport
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-493 Edward R. Foley, Jr. v. Superintendent of Schools, East Haven Public Schools; and East Haven Public Schools
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-521 Elijah El-Hajj-Bey and Reliable Mechanical Contractors LLC v. Director of Capital Improvements and Skilled Trades, Housing Authority, City of Hartford; and Housing Authority, City of Hartford
Elijah El-Hajj-Bey appeared on his own behalf. Attorney Annette Sanderson appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Minutes, Regular Meeting, May 25, 2011
Page 4
Docket #FIC 2010-522 Ron Pavluvcik v. Superintendent of Schools, Shelton Public Schools; and Shelton Public Schools
Ron Pavluvcik appeared on his own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2010-523 E. Gregory Cerritelli v. Chief, Police Department, Yale University; and Police Department, Yale University
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2010-550 Socorro Barron v. Affordable Housing Committee, Town of Ridgefield
Socorro Barron appeared on her own behalf. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2010-585 Daniel D. Tompkins v. Dennis Popp, Mayor, City of Groton; and City of Groton
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Victor R. Perpetua reported on pending appeals.
Colleen M. Murphy reported on legislation.
The meeting was adjourned at 3:33 p.m.
_________________
Thomas A. Hennick
*SEE ATTACHED FOR CORRECTION and AMENDMENTS
MINREGmeeting 05252011/tah/05262011
Minutes, Regular Meeting, May 25, 2011
Page 5
CORRECTION and AMENDMENTS
Docket #FIC 2010-357 Craig Wilson v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
The Hearing Officer’s Report is corrected as follows:
9. It is found that the requested records described in paragraph [9] 8, above, do not exist, and never have existed.
Docket #FIC 2009-465 David Taylor v. Director, State of Connecticut, Department of Correction, Offender Classification & Population Management; and State of Connecticut, Department of Correction
The Hearing Officer’s Report is amended as follows:
20. It is found that IC 2009-465-007 and IC 2009-465-008 are records of an investigation conducted by DCF. The respondents claim such records are exempt from disclosure pursuant to §l7a-28, G.S.
21. Section l7a-28(b), G.S., provides, in relevant part, that “[n]notwithstanding the provisions of [the FOI Act], records maintained by [DCF] shall be confidential and shall not be disclosed.”
Docket #FIC 2010-466 Margaret Miner and the Rivers Alliance of Connecticut v. Commissioner, State of Connecticut, Department of Public Works; and State of Connecticut, Department of Public Works
The Hearing Officer’s Report is amended as follows:
6. On April 15, 2011, the respondents submitted four sets of records to the Commission:
a) 882 pages of the records that were provided to the complainants without redaction;
b) 240 pages of unredacted records that were provided to the complainants in redacted form (the records at paragraph 6.c));
c) 125 pages of redacted records provided to the complainants; and
Minutes, Regular Meeting, May 25, 2011
Page 6
d) three sets of large engineering drawings consisting of twenty-eight sheets in total.
[In order to be able to refer to page numbers of the in camera records described at 6b), the Commission made a duplicate copy with each page numbered.] The in camera records described at paragraph 6b) are hereby identified as IC-2010-466-3 through IC-2010-466-245, and the in camera records described at paragraph 6d) are hereby identified as “the engineering drawings”. The respondents described the entirety of the records as “the United Water Company’s water supply plan for New Milford, Newtown and Woodbury, including engineering drawings, and Water Utility Coordinating committees’ records.”