FOI: Minutes07102013

TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of July 10, 2013
 
 
     A regular meeting of the Freedom of Information Commission was held on July 10, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:03 p.m. with the following Commissioners present:
 
     Commissioner Owen P. Eagan, presiding
     Commissioner Amy J. LiVolsi
     Commissioner Sean K. McElligott
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler
 

     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata and Thomas A. Hennick.
 
     The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of June 26, 2013.
 
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
 
 
Teejay Johnson v. Chief, Police Department, City of New Haven; and Police Department, City of New Haven
 
     Teejay Johnson participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
 
 
Gregory Jetter v. Robert J. Gagne, Chief, Police Department, Town of Orange; and Police Department, Town of Orange
 
     Gregory Jetter participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
 
David Taylor v. Commissioner, State of Connecticut, Department of Administrative Services, BEST Division; and State of Connecticut, Department of Administrative Services, BEST Division
 
     David Taylor participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
 
Thomas J.  McDonnell v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
 
     The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
 
    
Steven Figueroa v. Chief, Police Department, Town of New Milford; and Police Department, Town of New Milford
 
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
 
Bruno Matarazzo, Kevin Litten and the Waterbury Republican American v. William Joslyn, Director of Student and Professional Services, Torrington Public Schools; Fiona Cappabianca, Chairwoman, Grievance Committee, Torrington Public Schools; Ellen Hoene, Christopher Rovero and Karl Brady, Members, Grievance Committee, Torrington Public Schools; and Grievance Committee, Board of Education, Torrington Public Schools
 
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
 
Cynthia A. Kleist and Derf J. Kleist v. Public Safety Commission, Town of Cheshire; and Town of Cheshire
 
     Cynthia Kleist and Derf Kleist appeared on their own behalf. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
 
 
Paul Baer v. President, West Thompson Independent Fire Association #1; and West Thompson Independent Fire Association #1
 
     Paul Baer appeared on his own behalf. Todd Mountford appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
 
 
Glenn Conway 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.
 
 
Sally Roberts v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport
 
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
 
Stanley Scheinman v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General
 
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
 
     Colleen M. Murphy reported on pending appeals.
 
     Colleen M. Murphy reported that she and other representatives of departments in the 18-20 Trinity Street building had met with DAS Commissioner Donald DeFronzo about building security.
 
     Colleen M. Murphy reported on legislation.
 
     The meeting was adjourned at 2:50 p.m.
 

                              ________________
                              Thomas A. Hennick
 
MINREGmeeting 07102013/tah/07102013
 
 
AMENDMENTS
 
Thomas J.  McDonnell v. Commissioner, State of Connecticut, Department of Public Safety; and State of Connecticut, Department of Public Safety
 
 
     The Hearing Officer’s Report is amended as follows:
 
     19.  The respondents concede that their file of responsive records contain certain documents to which [§52-142a] §54-142a, G.S., does not apply.  Memorandum of  Decision on Motion for Remand, State of Connecticut, Department of Public Safety v. Freedom of Information Commission and Thomas McDonnell, Docket #CV09-4019898, Superior Court, New Britain, J.D., at New Britain (January 3, 2013), *2.
 
     20.  The complainant suggests several categories of records to which the [§52-142a] §54-142a, G.S., would not apply in this matter, such as certain photographs, maps, charts, medical examiner reports in the custody of the respondents, and names of employees assigned to the investigation.
 
     22.  It is found that the respondents failed to demonstrate that they conducted a diligent search for records to which [§52-142a] §54-142a, G.S., does not apply.   It is concluded, therefore, that the respondents violated the FOI Act.
 
     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 make a diligent search for records to which the [§52-142a] §54-142a, G.S., does not apply.  If any such records are located, the respondents shall promptly provide copies of such records to the complainant, free of charge.  If the respondents are unable to locate any such records, they shall inform the complainant in writing of such fact and describe their search for such records.
 
 
Cynthia A. Kleist and Derf J. Kleist v. Public Safety Commission, Town of Cheshire; and Town of Cheshire
 
 
          The order in the 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:
 
     3. FORTHWITH, THE RESPONDENTS SHALL CONTACT THE FREEDOM OF INFORMATION COMMISSION AND ARRANGE FOR A TRAINING SESSION TO BE CONDUCTED BY A MEMBER OF THE COMMISSION STAFF.




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