TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of March 23, 2011

           

 

A regular meeting of the Freedom of Information Commission was held on March 23, 2011, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:04 p.m. with the following Commissioners present:

            

             Commissioner Sherman D. London, presiding

             Commissioner Norma E. Riess (participated via speakerphone)

             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, Kathleen R. Ross, Valicia D. Harmon, Paul 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 March 9, 2011 as corrected.  

                                   

            

Docket #FIC 2010-215           Thomas Brody v. Chief, Police Department, Town of Vernon; Police Department, Town of Vernon; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

              Thomas Brody participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2010-232           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.  The proceedings were partially recorded digitally.

 

 

 

 

 

Minutes, Regular Meeting, March 23, 2011

Page 2

 

 

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 reopen the matter.  The respondents stipulated that the reopened matter would encompass all records sought by the complainant in this matter and #FIC 2010-232. The proceedings were partially recorded digitally.

 

Docket #FIC 2010-238           David Weaving v. 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 2010-359           David Weaving v. 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 2010-387           David Weaving v. 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 2010-460           David Weaving v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety

 

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

 

 

 

 

 

 

 

Minutes, Regular Meeting, March 23, 2011

Page 3

 

 

Docket #FIC 2010-225           Daniel Schwartz v. Assistant Director of Compliance/Privacy, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; Commissioner, State of Connecticut, Department of Public Works; and State of Connecticut, Department of Public Works

 

             Daniel Schwartz appeared on his own behalf. Assistant Attorney General Michael Sullivan appeared on behalf of the respondent university and Attorney Denise Gumpper appeared on behalf of the Department of Public Works.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were recorded digitally.

 

 

Docket #FIC  2010-228          Darlene Jones v. Board of Selectmen, Town of Westbrook; and Board of Finance, Town of Westbrook

 

              Jeffrey Kriete appeared on behalf of the complainant. Attorney John Bennett appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.

 

 

Docket #FIC 2010-250           Sylvester Traylor v. Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health

 

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

 

 

Docket #FIC 2010-277           Mike Jameson v. Chief, Police Department, Town of Manchester; and Police Department, Town of Manchester

 

                Attorney Timothy O’Neill and Attorney Ryan Barry appeared on behalf of the respondents.  The Commissioners unanimously voted to amend and correct the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended and corrected.* The proceedings were recorded digitally.

 

 

 

 

 

 

 

Minutes, Regular Meeting, March 23, 2011

Page 4

 

 

Docket #FIC 2010-288           Joao Godoy v. Mark Rinaldo, Chief, Police Department, Town of Avon; and Police Department, Town of Avon

 

             Attorney Dan Elliott appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket #FIC 2010-306           James H. Smith and The Bristol Press v. Mayor, Town of Plymouth; and Town of Plymouth

 

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

 

 

Docket #FIC 2010-317           Gary R. Gauruder v. Police Commission, Town of Wilton

 

                 Attorney Jarad Lucan appeared on behalf of the respondent. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted, 3-1, to adopt the Hearing Officer’s report as amended.* Commissioner Eagan voted against adoption.

 

 

Docket #FIC 2010-322           Patrick Vincent McCue v. Superintendent, Water Pollution Control Authority, Town of Simsbury

 

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

 

         Colleen M. Murphy reported on the New Britain Superior Court Memorandum of Decision in Lamberto Lucarelli v. Freedom of Information Commission, et al.

 

         Victor R. Perpetua reported on pending appeals.

 

          Colleen M. Murphy reported on legislation.

 

               The meeting was adjourned at 4:24 p.m.

 

_________________

Thomas A. Hennick

 

 

 

 

*SEE ATTACHED FOR CORRECTIONS and AMENDMENTS

MINREGmeeting 03232011/tah/03242011

 

 

 

Minutes, Regular Meeting, March 23, 2011

Page 5

 

 

 

CORRECTIONS and AMENDMENTS

 

 

Docket #FIC 2010-228           Darlene Jones v. Board of Selectmen, Town of Westbrook; and Board of Finance, Town of Westbrook

                                            

 

             The Hearing Officer’s Report is corrected as follows:

 

16.  It is found that [that] THE agenda for the Board of Selectmen’s March 10, 2010 special meeting listed the following action item:  “Executive session—for the purpose of deliberating over candidates for the Director of Finance position.  Potential public session for vote after deliberations.”

 

18.   It is found that the purpose OF the joint executive session was to discuss the applications of the two finalists who had been selected as potential candidates for the position of Director of Finance.  It is found that the complainant’s name did come up in the context of discussing the two candidates.  Specifically, it is found that the complainant was discussed in connection with the respondents’ preferred candidate because this individual had expressed her intention to withdraw (and subsequently did withdraw) her application for the position.  It is further found that the candidate’s withdrawal of her application was based, at least in part, on her concern for potential conflict with the town’s Treasurer—to wit, the complainant.  It is found that there was some further discussion during the executive session as to what the respondents could do to resolve the conflict or anticipated conflict expressed by the applicant.  It is found that there was also discussion of perhaps, at some later date, combining the positions of Treasurer and Director of Finance.  Finally, it is found that there was no specific discussion at the executive session of the complainant’s employment or job performance.

 

 

Docket #FIC 2010-277           Mike Jameson v. Chief, Police Department, Town of Manchester; and Police Department, Town of Manchester

 

           

            The Hearing Officer’s Report is corrected and amended as follows:

 

44.  It found however that, other than [the] these witnesses’ names, addresses and telephone numbers, the requested records identified in paragraph 2, above, are not exempt from mandatory disclosure pursuant to 1-210(b)(3), G.S.

 

 

 

 

Minutes, Regular Meeting, March 23, 2011

Page 6

 

 

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

 

1. The respondents shall forthwith provide to the complainant a copy of the requested records, except for those portions of the in camera records specifically identified in paragraph 43 of the findings, above.  Consistent with Commission precedent, the respondents may also redact from the in camera records the complainant’s social security number.

 

2.  Enforcement of paragraph 1 of this order is stayed until the resolution of the appeal in Commissioner, State of Connecticut, Department of Public Safety v. Freedom of Information Commission, et al., 2010 Conn. Super. LEXIS 1001 (Conn. Super. Ct. Apr. 21, 2010), appeal docketed, No. 32246 (Conn. App. Ct. May 11, 2010). 

 

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

 

 

Docket  #FIC 2010-317          Gary R. Gauruder v. Police Commission, Town of Wilton

 

 

The Hearing Officer’s Report is amended and corrected as follows:

 

11.  It is found that the meeting was open to the public, in accordance with 1-225(a), G.S.  While it may have been inconvenient for the complainant to wait for almost an hour to attend a meeting, only to find that the meeting was continued, there is nothing in the FOI Act that requires public agencies to begin their meetings on time; or to provide explanations as to why meetings are not convened on time.  The Commission notes that the respondent, as of the date of the hearing in this matter, has changed the location of its meetings to the town hall in order to make its meetings more convenient for the public.  [The Commission commends the respondent for making such change.]