TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s special meeting of January 13, 2011

           

 

A special meeting of the Freedom of Information Commission was held on January 13, 2011, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 11:08 a.m. with the following Commissioners present:

            

             Commissioner Norma E. Riess, presiding

             Commissioner Owen P. Eagan

             Commissioner Robert F. Kappes

                                               

Also present were staff members, Colleen M. Murphy, Eric V. Turner, Mary E. Schwind, Clifton A. Leonhardt, Gregory F. Daniels, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Paula S. Pearlman, 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 special meeting of December 15, 2010.

            

Docket #FIC 2010-061           Robin Elliott v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

 

              Robin Elliott participated via speakerphone. Attorney Nicole Anker appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.

 

 

Docket #FIC 2010-067           Norman Gaines v. Joseph Gaudett, Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport

 

               Norman Gaines participated via speakerphone. Attorney Arnold Amore appeared on behalf of the complainant. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended. * The proceedings were recorded digitally.

 

 

 

 

 

 

Minutes, Special Meeting, January 13, 2011

Page 2

 

 

Docket #FIC 2010-082           Ronald Harris v. Christopher Corey, Deputy Warden, State of Connecticut, Department of Correction, Corrigan Correctional Institution; and State of Connecticut, Department of Correction

 

              Ronald Harris participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. 

 

 

Docket #FIC 2010-026           The Greenwich Time v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health

 

              Attorney Stephen Yuhan participated via speakerphone on behalf of the complainant. Assistant Attorney General Rosemary McGovern appeared on behalf of the respondents. Attorney Daniel Young appeared on behalf of the intervenors.  The Commissioners voted to amend the Hearing Officer’s Report, 2-1.  The Commissioners voted, 2-1, to adopt the Hearing Officer’s Report as amended. * Commissioner Kappes voted against the amendment and adoption. The proceedings were recorded digitally.

 

 

Docket #FIC 2010-091           Stephanie Reitz and the Associated Press v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety, Division of State Police

 

              Stephanie Reitz appeared on her own behalf. Becky Cooper and Attorney Daniel Klau appeared on behalf of the complainants. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2010-095           Ellen Murray v. Director, Human Resources, Town of Stratford; and Town of Stratford

 

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

 

 

Docket #FIC 2010-332           Ellen Murray v. Director, Human Resources, Town of Stratford; and Town of Stratford

 

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

 

 

 

Minutes, Special Meeting, January 13, 2011

Page 3

 

 

 

Docket #FIC 2010-211           Jerry Schwab and the Oxford Ambulance Association v. Northwest Connecticut Public Safety Communications Center

 

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

 

 

         The Commissioners voted unanimously to deny a request for an Advisory Opinion from David Cummings dated December 22, 2010. At the request of Mr. Cummings, this matter was recorded digitally.

 

 

            Colleen M. Murphy and Eric V. Turner reported on pending appeals.

 

                Colleen M. Murphy reported that Alvin R. Wilson, the commission’s legislative liaison, had left to take a position with the Governor’s office.

                   

                Colleen M. Murphy reported on legislation.

 

                The meeting was adjourned at 12:34 p.m.

 

 

 

 

_________________

Thomas A. Hennick

 

 

 

 

*SEE ATTACHED FOR AMENDMENTS

MINSPEC meeting 01132011/tah/01132011

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes, Special Meeting, January 13, 2011

Page 4

 

AMENDMENTS

 

 

Docket #FIC 2010-067           Norman Gaines v. Joseph Gaudett, Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport

                                            

 

             The Hearing Officer’s Report is amended as follows:

 

3.       It is found that the complainant was arrested on March 10, 1997, and the records related to case number 96D-2600 comprise the investigation file of the respondent police department related to his arrest and subsequent FELONY MURDER convictionS.  It is found that the investigation file includes at least one report from the medical examiner’s office, and records generated by the Connecticut Department of Public Safety.

 

        The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.  Henceforth, the respondents shall strictly comply with the provisions of 1-210(a), G.S.

 

2.  The respondents shall forthwith conduct a diligent search for any records that were generated by the respondents, the medical examiner, or the Connecticut Department of Public Safety in connection with the complainant’s March 10, 1997 arrest and subsequent conviction.  Such search shall include, but not be limited to, requesting a copy of any related records directly from the medical examiner’s office, the Connecticut Department of Public Safety, and any officers or detectives of the respondent department who participated in the investigation.  The respondents shall thereafter provide the complainant with a copy of any non-exempt records located as a result of such search, free of charge.  If no records are found, the respondents shall provide the complainant with an affidavit detailing the scope, duration, and results of the search for such records.  Further, if any of the requested records do not exist, the respondents shall provide the complainant with an affidavit attesting to that fact. THE RESPONDENTS SHALL COMPLY WITH THIS ORDER WITHIN 60 DAYS OF THE NOTICE OF THE FINAL DECISION IN THIS MATTER.

 

3. THE RESPONDENTS SHALL RECREATE THE FILE DESCRIBED IN PARAGRAPH 3 OF THE FINDINGS ABOVE AND PROVIDE SUCH RECREATED RECORD TO THE COMPLAINANT WITHIN 30 DAYS OF THE NOTICE OF THE FINAL DECISION IN THIS MATTER.

 

 

 

Minutes, Special Meeting, December 15, 2010

Page 5

 

 

Docket #FIC 2010-026           The Greenwich Time v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health

 

                    The Hearing Officer’s Report is amended as follows:

 

        45.  THE FOI COMMISSION DECLINES TO CONSIDER THE COMPLAINANT’S REQUEST FOR A CIVIL PENALTY AGAINST MR. GERRISH.