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.