TO:                  Freedom of Information Commission

 

FROM:            Paula S. Pearlman

 

RE:                  Minutes of the Commission’s regular meeting of April 13, 2011

 

            A regular meeting of the Freedom of Information Commission was held on April 13, 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 Owen P. Eagan

             Commissioner Robert F. Kappes

             Commissioner Sherman D. London (participated via speakerphone)

                                     

            Also present were staff members, Colleen M. Murphy, Eric V. Turner, Kathleen R. Ross, Tracie C. Brown, Victor R. Perpetua, Clifton A. Leonhardt, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, and Cindy Cannata.

 

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 23, 2011.

                                          

 

Docket  #FIC 2010-254       Luis Salaman v. Frank Limon, Chief, Police Department, City of New Haven; Lt. Roger Young, Police Department, City of New Haven; and Police Department, City of New Haven

 

Luis Salaman appeared on his own behalf and participated by speakerphone.  The respondents were not present.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were digitally recorded. 

 

 

Docket  #FIC 2010-255       Jose Arcia v. Chief, Police Department, City of Hartford; and Police Department, City of Hartford

                                            

Jose Arcia appeared on his own behalf and participated by speakerphone.  Attorney Henri Alexandre appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* 

 

 

Docket  #FIC 2010-284       Faroulh Dorlette v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

 

Attorney Nicole Anker appeared on behalf of the respondents.  The complainant was not

present.  Commissioner Eagan moved to adopt the Hearing Officer’s Report.  The motion was seconded by Commissioner Riess.  The Commissioners voted 2-2.  Commissioners Riess and Eagan voted in favor of the Hearing Officer’s Report.  Commissioners Kappes and London voted against the Hearing Officer’s Report.  The Commissioners unanimously voted to remand the matter to the hearing officer for further consideration.  The proceedings were digitally recorded.

 

 

Docket  #FIC 2010-361       Faroulh Dorlette 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 2010-360       Michael Puffer and the Waterbury Republican-American v. Superintendent of Schools, Waterbury Public Schools

                                            

Commissioner London recused himself at the start of the proceedings.  Attorney Tara L. Shaw appeared on behalf of the complainants.  The complainant, Michael Puffer, was also present.  Attorney Kevin J. Daly, Jr., appeared on behalf of the respondent.  Attorney Jeffrey J. Mirman appeared on behalf of the intervenor, Brian Goggin.  The Commissioners unanimously voted to amend the Hearing Officer’s Report twice.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* Attorney Mirman moved to stay the Commission’s final decision.  The Commissioners unanimously voted to grant the motion to stay until such time as the Superior Court rules on a motion to stay should the matter be appealed.  The proceedings were digitally recorded.

 

 

Docket  #FIC 2010-373       Edward Peruta v. State of Connecticut, Board of Firearms Permit Examiners

                                            

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

 

 

 Docket  #FIC 2010-380      Kimberly Albright Lazzari and  Anthony Lazzari v. Chief, Police Department, Borough of Naugatuck; and Police Department, Borough of Naugatuck

                                

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

 

 

Docket  #FIC 2010-381       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 2010-486       Kimberly Albright and Anthony Lazzari v. Chief, Police Department, City of West Haven; and Police Department, City of West Haven

                                            

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

 

 

Docket  #FIC 2010-400       Howard Gardner and the Minority Business Association and Center for Joint Business Ventures v. Purchasing Agent, City of Bridgeport; and City of Bridgeport

 

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

 

 

Docket  #FIC 2010-401       Howard I. Gardner and Common Wealth Energy v. Utilities Manager, Department of Public Facilities, City of Bridgeport; and City of Bridgeport

                                            

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

 

 

Victor R. Perpetua reported on pending appeals.

 

Colleen M. Murphy reported on the FOI Commission’s Annual Conference held on April 7, 2011.

 

Colleen M. Murphy and Paula S. Pearlman reported on legislation.

 

 

The meeting adjourned at 3:57 p.m.

 

 

 

                                                                        _____________________

                                                                        Paula S. Pearlman

 

 

 

 

* See attached for amendments and corrections.

 

 

MINREGULARmeeting 04132011/psp

 

 

AMENDMENTS/CORRECTIONS

 

 

Docket  #FIC 2010-255       Jose Arcia v. Chief, Police Department, City of Hartford; and Police Department, City of Hartford

 

The Hearing Officer’s Report is corrected as follows:

 

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

 

1.   The [complainant] COMPLAINT is dismissed.

 

 

 

Docket  #FIC 2010-360       Michael Puffer and the Waterbury Republican-American v. Superintendent of Schools, Waterbury Public Schools

 

The Hearing Officer’s Report is amended as follows:

 

27.      It is concluded that, because Mr. Goggin is not a student AT THE EDUCATION AGENCY, and because his college transcripts are in the possession of his employer as part of his personnel file, the records do not constitute “education records” as such term of art is defined at 20 U.S.C. 1232g(a)(4)(A).  Consequently, it is concluded that the IC-2010-02 and IC-2010-03 are not exempt under FERPA.  See, e.g. Delano and Citizens for Responsible Government v. Easton Superintendent of Schools and Easton Board of Education, Docket #FIC 89-25 (Jan. 10, 1990) (holding, in part, that the respondent teachers do not fall within that class of people for whose benefit FERPA was created because they are not students of the education agency requested to disclose the records).

 

***

 

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

 

            1.  The respondent superintendent of schools shall forthwith provide the complainants with a copy of the requested records, free of charge.

 

2.   WITH RESPECT TO IN CAMERA DOCUMENT IC-2010-360-01, THE RESPONDENT MAY REDACT INFORMATION THAT WOULD IDENTIFY THE LOCATION AND THE DESCRIPTION OF THE LOCATION AT WHICH THE CONDUCT AT ISSUE OCCURRED.

 

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