TO:                  Freedom of Information Commission

 

FROM:            Thomas A. Hennick

 

RE:                  Minutes of the Commission’s regular meeting of September 14, 2011

           

 

A regular meeting of the Freedom of Information Commission was held on September 14, 2011, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:13 p.m. with the following Commissioners present:

            

             Commissioner Norma E. Riess, presiding

             Commissioner Sherman D. London

             Commissioner Owen P. Eagan

             Commissioner Amy J. LiVolsi (participated via speakerphone)

                                                                                                           

Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, 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 August 24, 2011.  

 

 

Docket  #FIC 2010-670          Robin Elliott v. Deputy Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

 

                  Robin Elliott participated via speakerphone. Attorney Nancy Canney appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

 

 

Docket  #FIC 2010-681          Michael Glen Smith v. Andrea Baker, Counselor Supervisor, State of Connecticut, Department of Correction, MacDougall-Walker Correctional Institution; and State of Connecticut, Department of Correction

 

                Michael Glen Smith participated via speakerphone. Attorney Nancy Canney 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, September 14, 2011

Page 2

 

 

Docket #FIC 2010-695           Bradshaw Smith v. Kevin Searles, Chief, Police Department, Town of Windsor; and Police Department, Town of Windsor

 

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

 

 

Docket #FIC 2011-185           Bradshaw Smith v. Chief, Police Department, Town of Windsor; and Police Department, Town of Windsor

 

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

 

 

Docket  #FIC 2010-704          David Gioiello, Jr. v. Mayor, City of Shelton; Director, Highways and Bridges Department, City of Shelton; and City of Shelton

 

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

 

 

Docket  #FIC 2010-741          Richard Stone and Debra Stone v. David Palmer, Chairman, Board of Education, Somers Public Schools; Joan Formeister, Vice Chairman, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

 

              Attorney George Schober appeared on behalf of the complainants. Attorney William Connon appeared on behalf of the respondents. The Commissioners unanimously voted  to amend the Hearing Officers Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* 

 

 

 Docket #FIC 2011-110          George C. Schober v. David Palmer, Chairman, Board of Education, Somers Public Schools; Joan Formeister, Vice Chairman, Board of Education, Somers Public Schools; Richard Lees, Jr., Bruce Devlin, Mary Beth Marquardt, John Taylor, Timothy Potrikus, Anne Kirkpatrick, Sarah Bollinger, as members, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

 

               George Schober appeared on behalf of the complainants. Attorney William Connon appeared on behalf of the respondents. The Commissioners unanimously voted  to amend and correct the Hearing Officers Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended and corrected.* 

 

Minutes, Regular Meeting, September 14, 2011

Page 3

 

Docket #FIC 2011-153           George C. Schober v. Maynard M. Suffredini, Jr., Superintendent, Somers Public Schools; David Palmer, as Chairman, Board of Education, Somers Public Schools; Joan Formeister, Richard Lees, Jr., Bruce Delvin, John Taylor, Timothy Potrikus, Sarah Bollinger, Anne Kirkpatrick and Mary Beth Marquardt, as members, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

     

George Schober appeared on behalf of the complainants. Attorney William Connon appeared on behalf of the respondents. The Commissioners unanimously voted  to correct the Hearing Officers Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* 

 

 

Docket #FIC 2011-197           George C. Schober v. Maynard M. Suffredini, Jr., Superintendent, Somers Public Schools; David Palmer, as Chairman, Board of Education, Somers Public Schools; Joan Formeister, Richard Lees, Jr., Bruce Delvin, John Taylor, Timothy Potrikus, Sarah Bollinger, Anne Kirkpatrick and Mary Beth Marquardt, as members, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

 

              George Schober appeared on behalf of the complainants. Attorney William Connon appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

Docket  #FIC 2010-796          Daniel Hunsberger and the Stamford Professional Fire Fighters Association v. Mayor, City of Stamford; and City of Stamford

 

                Daniel Hunsberger appeared on behalf of the complainants. Attorney Burt Rosenberg appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

 

 

 

        The Commissioners unanimously voted to deny the complainant’s petition for reconsideration of Final Decision in Docket # 2010-596,  Rick Morneau v. Attorney General, State of Connecticut, Office of the Attorney General. Rick Morneau appeared on his own behalf.

 

 

 

 

Minutes, Regular Meeting, September 14, 2011

Page 4

 

 

        The Commissioners unanimously voted to deny the complainant’s petition for reconsideration of Final Decision in Docket #FIC 2010-603, Ethan Book v. Richard Blumenthal, Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General. Ethan Book appeared on his own behalf.

 

        Victor R. Perpetua reported on pending appeals.

                                                                                     

                Colleen M. Murphy reported that the Office of Governmental Accountability Commission had recommended as a finalist and the office of the Governor had appointed David Guay as OGA’s executive administrator.

 

                  Colleen M. Murphy informed commissioners that she would be traveling to China to represent the state and the FOIC at a program being sponsored by the China Law Center of the Yale University Law School.

 

                    Colleen M. Murphy also spoke to commissioners about the passing of former Speaker of the House Nelson Brown. Brown was speaker from 1956-58. After his legislative service, he was in the Connecticut Foundation for Open Government, and the longtime lobbyist for the Connecticut Council on Freedom of Information and the Connecticut Broadcasting Association. Murphy remembered Brown as a true and dedicated believer in the cause of open and accessible government and one of the FOIC’s strongest allies and friends. She also asked that the record reflect how extraordinary Brown was as a person. He maintained a cordial, gentlemanly and humble presence in and around state government for more than 50 years and was much beloved, she said.

 

                         

                The meeting was adjourned at 3:40 p.m.

 

 

_________________

Thomas A. Hennick

 

 

 

 

 

*SEE ATTACHED FOR AMENDMENTS AND CORRECTIONS

MINREGmeeting 09142011/tah/09162011

 

 

 

 

 

 

 

Minutes, Regular Meeting, September 14, 2011

Page 5

 

 

 

 

AMENDMENTS and CORRECTIONS

 

 

Docket  #FIC 2010-741          Richard Stone and Debra Stone v. David Palmer, Chairman, Board of Education, Somers Public Schools; Joan Formeister, Vice Chairman, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

                                            

                   The order Hearing Officer’s Report is amended as follows:

 

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

 

[1.  Henceforth, the respondents shall strictly comply with the executive session provisions of the FOI Act.]

 

1.  HENCEFORTH, THE RESPONDENTS SHALL STRICTLY COMPLY WITH THE REQUIREMENTS OF 1-225(D), G.S., BY FAIRLY AND SUFFICIENTLY DETAILING ON THEIR MEETING AGENDAS THE BUSINESS THEY PLAN TO ADDRESS AT THEIR MEETINGS.

 

 

Docket #FIC 2011-110           George C. Schober v. David Palmer, Chairman, Board of Education, Somers Public Schools; Joan Formeister, Vice Chairman, Board of Education, Somers Public Schools; Richard Lees, Jr., Bruce Devlin, Mary Beth Marquardt, John Taylor, Timothy Potrikus, Anne Kirkpatrick, Sarah Bollinger, as members, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

 

 

             The order in the Hearing Officer’s Report is corrected as follows:

 

The above-captioned matter was heard as a contested case on July 12, 2011, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, the matter was consolidated with Docket #FIC 2010-[174] 741; Richard Stone and Debra Stone v. David Palmer, Chairman, Somers Public Schools, et al., and Docket #FIC 2011-153; George C. Schober v. Maynard M. Suffrendini, Jr., Superintendent, Somers Public Schools, et al.

 

Minutes, Regular Meeting, September 14, 2011

Page 6

 

 

            The order Hearing Officer’s Report is amended as follows:

 

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

 

[1.  Henceforth, the respondents shall strictly comply with the executive session provisions of the FOI act.]

 

1.  HENCEFORTH, THE RESPONDENTS SHALL STRICTLY COMPLY WITH THE REQUIREMENTS OF 1-225(C), G.S., BY FAIRLY AND SUFFICIENTLY DETAILING ON THEIR MEETING AGENDAS THE BUSINESS THEY PLAN TO ADDRESS AT THEIR MEETINGS.

 

 

 

Docket #FIC 2011-153           George C. Schober v. Maynard M. Suffredini, Jr., Superintendent, Somers Public Schools; David Palmer, as Chairman, Board of Education, Somers Public Schools; Joan Formeister, Richard Lees, Jr., Bruce Delvin, John Taylor, Timothy Potrikus, Sarah Bollinger, Anne Kirkpatrick and Mary Beth Marquardt, as members, Board of Education, Somers Public Schools; and Board of Education, Somers Public Schools

                  

            The Hearing Officer’s Report is corrected as follows:

 

The above-captioned matter was heard as a contested case on July 12, 2011, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, the matter was consolidated with Docket #FIC 2010-[174] 741; Richard Stone and Debra Stone v. David Palmer, Chairman, Board of Education, Somers Public Schools, et al.; and Docket #FIC 2011-110; George C. Schober v. David Palmer, Chairman, Board of Education, Somers Public Schools, et al.