TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of February 9, 2011

           

 

A regular  meeting of the Freedom of Information Commission was held on February 9, 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, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Gregory F. Daniels, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Paula S. Pearlman, Valicia D. Harmon, 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 special meeting of January 28, 2010.  

                                   

            

Docket #FIC 2010-121           Jason M. Day v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

 

              Jason Day participated via speakerphone. Attorney James Neil appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.

 

 

Docket #FIC 2010-154        Thomas Howard v. Chief, Police Department, City of West Haven; and Police Department, City of West Haven

 

               Thomas Howard participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

 

 

Minutes, Regular Meeting, February 9, 2011

Page 2

 

 

Docket #FIC 2010-165           Diego M. Vas, II v. Michael Bibens, Director, Food Services Division, State of Connecticut, Department of Correction; Sandra Barone, Counselor Supervisor, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; Shawn Laverty, Supervisor, Food Services Division, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; and State of Connecticut, Department of Correction

 

                 Diego M. Vas participated via speakerphone. Attorney James Neil 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 2010-097           Mike Tuthill and Connecticut Correction Employees, AFSCME Local 1565 v. Mildred Hazley, Human Resource Manager, State of Connecticut, Department of Correction; Joan Ellis, Freedom of Information Liaison, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

              Mike Tuthill appeared on behalf of the complainants.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report. 

 

 

Docket #FIC 2010-126           Mary Ann Dostaler v. Board of Education, East Hampton Public Schools; and East Hampton Public Schools

 

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

 

 

Docket #FIC 2010-173           William Myette v. Edward J. DeMarco, Jr., Chief, Police Department, Town of East Windsor; and Police Department, Town of East Windsor

 

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

 

 

Docket #FIC 2010-193           Max D. Lausier v. Vincent Festa, Jr., Mayor, Town of Plymouth; and Town of Plymouth

 

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

 

 

Minutes, Regular Meeting, February 9, 2011

Page 3

 

 

Docket #FIC 2010-199           Katherine Cordani v. Board of Education, Meriden Public Schools

 

              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 2010-294           Katherine Cordani v. Board of Education, Meriden Public Schools

 

               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 2010-207           James H. Leonard, Jr. v. Chief, Police Department, City of New Britain; and Police Department, City of New Britain

 

                James Leonard appeared on his own behalf. Attorney Joseph Skelly appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.

 

 

Docket #FIC 2010-281           Michelle Cruz and the Office of Victim Advocate v. Commissioner, State of Connecticut, Department of Correction;State of Connecticut, Department of Correction; Chief, Police Department, Town of Cheshire; and Police Department, Town of Cheshire

 

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

 

 

Docket #FIC 2010-282           David N. Rosen v. Department of Human Resources, City of New Haven; and City of New Haven

 

                Attorney James Bhandary-Alexander appeared on behalf of the complainant. Attorney Kathleen Foster appeared on behalf of the respondents. The Commissioners unanimously voted to table the matter. The proceedings were recorded digitally.

 

 

 

 

Minutes, Regular Meeting, February 9, 2011

Page 4

 

 

Docket #FIC 2010-313           James R. Brown v. Police Commission, Town of Fairfield

 

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

 

 

Docket #FIC 2010-348           Ron Hammond v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

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

 

 

Docket #FIC 2010-368           Josephine S. Miller v. Commissioner, State of Connecticut, Department of Children and Families; and State of Connecticut, Department of Children and Families

 

            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 3:39 p.m.

 

 

 

_________________

Thomas A. Hennick

 

 

 

 

 

*SEE ATTACHED FOR AMENDMENTS

MINREGmeeting 02092011/tah/02142011

 

 

 

 

 

 

Minutes, Regular Meeting, February 9, 2011

Page 5

 

 

 

AMENDMENTS

 

 

Docket #FIC 2010-165           Diego M. Vas, II v. Michael Bibens, Director, Food Services Division, State of Connecticut, Department of Correction; Sandra Barone, Counselor Supervisor, State of Connecticut, Departmentof Correction, MacDougall-Walker Correctional Institution; Shawn Laverty, Supervisor, Food Services Division, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; and State of Connecticut, Department of Correction

                                            

 

             The Hearing Officer’s Report is amended as follows:

 

[11. The Commission takes administrative notice of its final decision in Docket #FIC 2008-721; Diego M. Vas II v. Charles Lee, Warden, State of Connecticut, Department of Correction, Cheshire Correctional Institution; and State of Connecticut, Department of Correction, where it was found that the complainant herein is incarcerated for murdering his own child and also assaulting and paralyzing a social worker. At the October 7, 2010 hearing in the present matter, the complainant testified that he was serving a 100 year sentence. It is found that, given the complainant’s criminal history, the respondent Department of Correction may have determined that it was not necessary to rely upon records to deny the complainant employment in the kitchen at the MacDougall-Walker Correctional Institution.]

   

[12. ] 11. Based on the findings at paragraphs 8 through [11] 10, it is concluded that the respondents do not maintain any records specific to the complainant that were relied upon to deny him employment in the kitchen at the MacDougall-Walker Correctional Institution. 

 

[13.] 12.  It is concluded that the respondents did not violate 1-210(a) and 1-212(a), G.S., by failing to provide records promptly.

 

[14.] 13.  In light of the conclusion at paragraph [13] 12, the request for civil penalties need not be adjudicated.   

 

 

 

 

 

 

 

 

Minutes, Regular Meeting, February 9, 2011

Page 6

 

           

Docket #FIC 2010-199        Katherine Cordani v. Board of Education, Meriden Public Schools

 

                  The Hearing Officer’s Report is amended as follows:

 

                  The body of the Hearing Officer’s Report is deleted and the following is inserted

 

                   ON FEBRUARY 9, 2011, THE COMPLAINANT FILED WITH THE COMMISSION A WITHDRAWAL OF THE COMPLAINT IN THIS MATTER.  THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.

           

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

                                   

1.        BASED ON THE WITHDRAWAL OF THE COMPLAINT, THE COMPLAINT IS HEREBY DISMISSED. [Henceforth, the respondent shall strictly comply with the requirements of 1-225 and 1-200(6)(A), G.S.]

 

 

Docket #FIC 2010-294        Katherine Cordani v. Board of Education, Meriden Public Schools

 

                   ON FEBRUARY 9, 2011, THE COMPLAINANT FILED WITH THE COMMISSION A WITHDRAWAL OF THE COMPLAINT IN THIS MATTER.  THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.

 

 

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

                                                                 

1.      BASED ON THE WITHDRAWAL OF THE COMPLAINT, [T]the complaint is hereby dismissed.