TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of July 22, 2009

 

           

A regular meeting of the Freedom of Information Commission was held on July 22, 2009, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:17 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 (participated via speakerphone)

             Commissioner Owen P. Eagan

                                                

            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, 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 July 8, 2009.

 

 

Docket #FIC 2008-507           Robin Elliot v. Commissioner, State of Connecticut, Department of Correction; Warden, State of Connecticut, Department of Correction, Corrigan-Radgowski Correctional Institution; and State of Connecticut, Department of Correction

 

              Robin Elliott participated via speakerphone. Attorney Sandra Sharr 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, July 22, 2009

Page 2

 

 

Docket #FIC 2008-576           J’Veil M. Outing v. Chief, Police Department, City of New Haven; and Police Department, City of New Haven

 

               J’Veil M. Outing participated via speakerphone. Kathleen Foster appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2008-582           Paul Fine, Jr. v. Lost Property Board, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

              Paul Fine Jr. participated via speakerphone. Assistant Attorney General Nancy Kase O’Brasky appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2008-522           Alison Wickson Sylvia v. Mayor, Town of Montville; and Police Department, Town of Montville

 

              Alison Wickson Sylvia appeared on her 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.*

 

 

Docket #FIC 2008-523           Alexander Wood, Doreen Guarino, Laura F. Alix and the Manchester Journal Inquirer v. Chief, Police Department, Town of Enfield; and Police Department, Town of Enfield

 

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

 

 

Docket #FIC 2008-524           Andrew N. Matthews v. State of Connecticut, Office of the Attorney General

 

              Attorney Kelly Rommel appeared on behalf of the complainant. Assistant Attorney General Susan Quinn Cobb appeared on behalf of the respondent. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted, 4-1, to adopt the Hearing Officer’s Report as amended.* Commissioner Eagan voted  against adoption. The proceedings were recorded digitally.

                                               

 

Minutes, Regular Meeting, July 22, 2009

Page 3

 

Docket #FIC 2008-525           David Glidden and the Connecticut State Employees Association v. Commissioner, State of Connecticut, Department of Environmental Protection, Human Resources Division; and State of Connecticut, Department of Environmental Protection, Human Resources Division

 

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

 

 

Docket #FIC 2008-535           Kimberly Albright-Lazzari and Anthony Lazzari v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury

 

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

 

 

Docket #FIC 2008-565           Kimberly Albright-Lazzari and Anthony Lazzari v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury

 

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

 

 

Docket #FIC 2008-631           Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook

                                               

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

 

 

Docket #FIC 2008-701           Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; Police Department, Town of Old Saybrook; and Town Counsel, Town of Old Saybrook

 

               Attorney Michael Cronin Jr. appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2008-784           Mark Wither v. Technology Committee, Town of Easton

 

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

 

Minutes, Regular Meeting, July 22, 2009

Page 4

 

 

Docket #FIC 2009-014           Jeffrey Kerekes v. Controller, Department of Finance, City of New Haven; and Department of Finance, City of New Haven

 

             Jeffrey Kerekes appeared on his own behalf.  Attorney Kathleen Foster and Rebecca Bombero appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-094           Peter Rusciano v. Health Department, City of Stamford

 

            Attorney Mark Dumas appeared on behalf of the complainant. Attorney Michael Toma appeared on behalf of the respondent. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket #FIC 2009-130           Thomas Perun v. Chief, Police Department, Town of Bethel; and Police Department, Town of Bethel

                                               

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

 

 

Docket #FIC 2009-189           Thomas E. Perun v. Chief, Police Department, Town of Bethel; and Police Department, Town of Bethel

 

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

 

 

           The Commissioners unanimously approved the complainant’s Motions for Reconsideration dated June 29, 2009, in Docket #FIC 2008-776, Bradshaw Smith v. Donald S. Trinks, Mayor Town of Windsor; Docket #FIC 2008-797, Bradshaw Smith v. Donald S. Trinks, Mayor, Town of Windsor; and Docket #FIC 2009-027, Bradshaw Smith v. Donald Trinks, Mayor, Town of Windsor.

 

 

 

 

 

 

 

 

 

 

Minutes, Regular Meeting, July 22, 2009

Page 5

 

 

          

 

Attorney Valicia D. Harmon reported on the New Britain Superior Court Memorandum of Decision in Duane Tompkins v. Freedom of Information Commission, et al and Town of Enfield et al. v. Freedom of Information Commission dated July 13, 2009. The Commissioners unanimously voted to accept the remand in the memorandum of decision.

 

            Colleen M. Murphy reported on pending appeals.

 

              The meeting was adjourned at 4:32 p.m.

 

 

 

_______________________

Thomas A. Hennick

 

 

 

*SEE ATTACHED FOR AMENDMENTS

MINREG meeting 07222009/tah/07232009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes, Regular Meeting, July 22, 2009

Page 6

 

AMENDMENTS

 

Docket #FIC 2008-507           Robin Elliot v. Commissioner, State of Connecticut, Department of Correction; Warden, State of Connecticut, Department of Correction, Corrigan-Radgowski Correctional Institution; and State of Connecticut, Department of Correction

 

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

 

          

             3.  In complying with the order described in paragraph 1, above, the respondents may redact the social security numbers of any staff member or inmate that may be contained in the in camera records. THE RESPONDENTS ALSO MAY REDACT ANY CODE COLOR REFERENCED IN THE IN CAMERA RECORDS.

 

 

Docket #FIC 2008-522           Alison Wickson Sylvia v. Mayor, Town of Montville; and Police Department, Town of Montville

 

            The Hearing Officer’s Report is amended as follows:

 

    [29. The Commission is concerned that disclosing IC 2008-523-5 through 9 will indeed escalate the risk of retaliation by the complainant against the three intervening parties.  In the absence of the controlling statutes, specifically 1-210(a) and 1-210(b) (3), G.S., nondisclosure of the requested records, especially to the complainant, might well serve a superior public interest.  Moreover, the Commission is concerned that the complainant’s motive is indeed continued retaliation.  However, given that the motive of the requester may not be used by the Commission as a basis for nondisclosure, and given that all of the parties are known to each other, the Commission feels bound to apply the law to the facts of the case, and leave any danger arising from that disclosure to the jurisdiction of the Montville police department and the civil courts of the state.]

 

      [30.] 29.  It is therefore concluded that 2008-523-5 through 9 are not permissibly exempt from disclosure pursuant to 1-210(b) (3) (A), G.S., and that the respondents violated the FOI Act by withholding those records from disclosure.

 


 

Minutes, Regular Meeting, July 8, 2009

Page 7

 

Docket #FIC 2008-524           Andrew N. Matthews v. State of Connecticut, Office of the Attorney General

 

           Paragraph 47 of the Hearing Officer’s Report is amended as follows:

 

47.  It is found that the in camera records consist of emails, between and among assistant and associate attorneys general, in which they consulted with one another regarding whistleblower investigations and investigations of complaints of retaliation, and proposed changes to internal policies of the respondent relating to the conduct of whistleblower investigations.  It is found that THE MAJORITY OF such records relate to respondent’s duty under 4-61dd, G.S., to investigate whistleblower and whistleblower retaliation complaints, rather than to its duty to represent a state agency client, under 3-125 and 5-141d(b), G.S.   To the extent that any in camera records consist of communications between outside counsel or a client, and assistant/associate attorneys general, OR TO THE RESPONDENT’S DUTIES UNDER 3-125 OR 5-141D(B), G.S., it is found that the respondent failed to prove that such communications relate to legal advice sought by or on behalf of the agency from such attorney[.], OR THAT SUCH LEGAL ADVICE WAS SOUGHT IN CONFIDENCE.

 

 

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

 

       3. THE COMMISSION NOTES THAT THE IN CAMERA RECORDS INCLUDE INFORMATION THAT IS NOT RESPONSIVE TO THE REQUEST DESCRIBED GENERALLY, IN PARAGRAPH 2, ABOVE, AND SPECIFICALLY, IN EACH OF THE NUMBERED PARAGRAPHS IN THE COMPLAINANT’S JUNE 22 LETTER.  TO THE EXTENT THAT SUCH INFORMATION IS FOUND NOT TO BE EXEMPT FROM DISCLOSURE, THE RESPONDENT MAY WISH TO REDACT SUCH INFORMATION.

 

      [3.] 4.  Henceforth, the respondents shall strictly comply with the provisions of 1-210(a), and 1-212(a), G.S.