TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of June 22, 2011

           

 

A regular meeting of the Freedom of Information Commission was held on June 22, 2011, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:15 p.m. with the following Commissioners present:

            

             Commissioner Norma E. Riess, presiding

             Commissioner Sherman D. London (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, Lisa F. Siegel, Valicia D. Harmon, Paula 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 June 8, 2011.  

                                    

            

Docket  #FIC 2010-497          Kacey Lewis v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury

 

              Kacey Lewis participated via speakerphone. Attorney Kevin Daley 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 2010-508          Robin Elliott v. Executive Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; and State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care

 

               Action on the  matter was postponed.

 

 

 

 

Minutes, Regular Meeting, June 22, 2011

Page 2

 

Docket  #FIC 2010-645          Ian Wright v. State of Connecticut, Department of Correction, Cheshire Correctional Institution; and State of Connecticut, Department of Correction

 

               Ian Wright participated via speakerphone. Attorney Nancy Kase O’Brasky appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket  #FIC 2010-576          Mark Widomski v. Superintendent, Shelton Public Schools; Finance Director, Shelton Public Schools; and Shelton Public Schools

 

                 The Commissioners voted unanimously to approve the Hearing Officer’s Report. The Commissioners voted unanimously to reopen the matter. Commissioner Riess recused herself. The Commissioners voted, 3-0, to adopt the Hearing Officer’s Report.

 

 

Docket  #FIC 2010-476          The Connecticut Resources Recovery Authority v. Chief Executive Officer, The Metropolitan District Commission; and the Metropolitan District Commission

 

              Attorney Daniel Klau and Attorney Richard Goldstein appeared on behalf of the complainant. Attorney Maura Mastrony appeared on behalf  of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket  #FIC 2010-539          Michael Gorfinkle v. David Streit, Chairman, Fairfield County Municipal Deer Management Alliance; and Fairfield County Municipal Deer Management Alliance

 

               Michael Gorfinkle appeared on his own behalf. David Streit appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket  #FIC 2010-667          Michael Gorfinkle v. David Streit, Chairman, Fairfield County Municipal Deer Management Alliance; and Fairfield County Municipal Deer Management Alliance

 

                Michael Gorfinkle appeared on his own behalf. David Streit appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Minutes, Regular Meeting, June 22, 2011

Page 3

 

 

Docket  #FIC 2010-592          Ed McKeon v. Board of Education, Middletown Public Schools

 

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

 

 

Docket  #FIC 2010-594          Cherlyn Poindexter and the New Haven Management and Professional Union Local 3144 v. Board of Education, New Haven Public Schools

 

               Cherlyn Poindexter  appeared on behalf of the complainants. Attorney Kathleen Foster appeared on behalf of the respondents.  The Commissioners unanimously voted to reopen the matter. The proceedings were recorded digitally.

 

 

Docket  #FIC 2010-606          John Percell v. Elaine Carvalho, Tax Assessor, City of Bridgeport; and Office of Tax Assessor, City of Bridgeport

 

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

 

 

Docket  #FIC 2010-634          Mark Dumas v. Executive Director, State of Connecticut, State Elections Enforcement Commission; and State of Connecticut, State Elections Enforcement Commission

 

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

 

 

Docket  #FIC 2010-648          Patricia Milligan v. Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services

 

                Anthony DeAngelo and Attorney Robert Heinimann appeared on behalf of the complainant. Attorney Louis Buscari and John Basher appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket  #FIC 2010-662          Joshua Inabinett v. Commissioner, State of Connecticut, Department of Public Safety, State Police; and State of Connecticut, Department of Public Safety, State Police

 

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

Minutes, Regular Meeting, June 22, 2011

Page 4

 

Docket  #FIC 2010-664          Marilyn Lipton v. Board of Fire Commissioners, Town of Milford; and Town of Milford

 

                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 2010-688          Marilyn Lipton v. Richard W. Smith, Jonathan D. Berchem, Thomas Riso, Jr.,  William A. Brennan, Karen A. Craig, Howard S. Stein and John F. Healy, Jr., as members, Board of Fire Commissioners, City of Milford; and Board of Fire Commissioner, City of Milford

 

                 The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*

 

        

                 Victor R. Perpetua reported on pending appeals.

 

             Colleen M. Murphy reported on legislation.

 

                 Colleen M. Murphy reported that the commission meeting would be the last in an official capacity for Associate General Counsel and Managing Director Eric V. Turner, who is retiring. Ms. Murphy praised Mr. Turner for 15 years of dedicated service to the FOIC and thanked him for his tireless efforts for the cause of open and accountable government. Commissioners and staff joined Ms. Murphy in giving Mr. Turner a round of applause.

 

                 The meeting was adjourned at 3:50 p.m.

 

_________________

Thomas A. Hennick

 

 

 

 

*SEE ATTACHED FOR CORRECTION and AMENDMENTS

MINREGmeeting 06222011/tah/06232011

 

 

 

 

 

Minutes, Regular Meeting, June 22, 2011

Page 5

 

 

AMENDMENTS

 

 

Docket  #FIC 2010-497          Kacey Lewis v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury

 

                                            

                 The Hearing Officer’s Report is amended as follows:

 

     [17] 18.  [It is concluded that the respondents violated 1-212(c), G.S., by demanding that the complainant pay $2.00 before the respondents would provide four or five pages of records to him.]  [IT IS CONCLUDED, AS THE RESPONDENTS CONTEND, THAT 1-212(c), G.S., DOES NOT PROHIBIT AN AGENCY FROM COLLECTING A FEE IMPOSED PURSUANT TO 1-212(a)(2), G.S., AS A CONDITION OF DELIVERY OF COPIES OF RECORDS.  IN OTHER WORDS,] IT IS CONCLUDED THAT 1-212(c), G.S., DOES NOT REQUIRE AN AGENCY TO DELIVER COPIES OF RECORDS PRIOR TO RECEIVING PAYMENT.

 

                  

Docket  #FIC 2010-664          Marilyn Lipton v. Board of Fire Commissioners, Town of Milford; and Town of Milford

 

                The Hearing Officer’s Report is amended as follows:

 

    The above-captioned matter was scheduled to be heard as a contested case on March 29, 2011 at 2:00 p.m., at which time the respondents appeared but the complainant did not appear to prosecute the case.  The case caption has been amended to reflect the correct name of the respondent City of Milford.  This matter was consolidated for purposes of hearing with Docket #FIC 2010-688, Marilyn Lipton v. Richard W. Smith, Jonathan D. Berchem, Thomas Riso, Jr., William A. Brennan, Karen A. Craig, Howard S. Stein, and John F. Healy, Jr., as Members, Board of Fire Commissioners, City of Milford; and Board of Fire Commissioners, City of Milford.

 

               ON JUNE 21, 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.

Minutes, Regular Meeting, June 22, 2011

Page 6

 

 

Docket  #FIC 2010-688          Marilyn Lipton v. Richard W. Smith, Jonathan D. Berchem, Thomas Riso, Jr.,  William A. Brennan, Karen A. Craig, Howard S. Stein and John F. Healy, Jr., as members, Board of Fire Commissioners, City of Milford; and Board of Fire Commissioner, City of Milford

 

            The Hearing Officer’s Report is amended as follows:

 

The above-captioned matter was scheduled to be heard as a contested case on March 29, 2011 at 2:00 p.m., at which time the respondents appeared but the complainant did not appear to prosecute the case.  This matter was consolidated for purposes of hearing with Docket #FIC 2010-664, Marilyn Lipton v. Board of Fire Commissioners, City of Milford; and City of Milford.

      

                ON JUNE 21, 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.