FOI: Agenda07272016


TO:                 Freedom of Information Commission 

FROM:            Thomas A. Hennick 

RE:                 Minutes of the Commissionís regular meeting of July 27, 2016

DATE:            July 29, 2016

           

A regular meeting of the Freedom of Information Commission was held on July 27, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m. with the following Commissioners present:

                        

Commissioner Owen P. Eagan, presiding


Commissioner Jay Shaw (participated via speakerphone)


Commissioner Matthew Streeter 

                                                                   

Commissioner Christopher P. Hankins

                                                                                                                                                                                                                                  Also present were staff members, Colleen M. Murphy, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Cindy Cannata, and Thomas A. Hennick.

 

The Commissioners unanimously voted to approve the minutes of the Commissionís regular meeting of July 13, 2016.

 

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.


 

Docket #FIC 2015-644           Andres Sosa v. Scott Semple, Commissioner, State of    Connecticut,   
                                                Department of Correction; and State of Connecticut, Department of 
                                                Correction Andres Sosa participated via speakerphone. Attorney James 
                                                Neil appeared on  behalf of the respondents.



The Commissioners unanimously voted to approve the Hearing  Officerís Report. The proceedings were recorded digitally.

Docket #FIC 2015-752              Ira Alston v. Commissioner, State of Connecticut, Department  
                                                   of Correction; and State of Connecticut, Department of  Correction.

The Commissioners unanimously voted to approve the Hearing Officerís Report.

       

 

Docket #FIC 2015-753                Ira Alston v. Commissioner, State of Connecticut, Department of 
                                                     Correction; and State of Connecticut, Department of Correction  
                                                     Ira Alston participated via speakerphone. Attorney James Neil 
                                                     appeared on behalf of the respondents.

The Commissioners unanimously voted to amend the Hearing Officerís Report.

The Commissioners unanimously voted to approve the Hearing Officerís Report as amended.*

 


Docket #FIC 2015-774                Ira Alston v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

 

The Commissioners unanimously voted to approve the Hearing Officerís Report.

                


Docket #FIC 2014-183                 Adrienne DeLucca and the Berlin Education Association v.
                                                      Superintendent of Schools, Berlin Public Schools; and Berlin  
                                                      Public Schools  Attorney Adrienne DeLucca appeared on behalf of
                                                      the complainants. Attorney John Cordani appeared on behalf of the 
                                                      respondents. The Commissioners voted, 3-0, to amend the Hearing 
                                                      Officerís Report.

The Commissioners voted, 3-0, to remand the matter to the Hearing Officer. Commissioner Hankins recused himself from the matter.

 

 

Docket #FIC 2015-698                  Jason Schilling v. Superintendent of Schools, Regional School
                                                         District #10; and Regional School District #10.

 

Th  Commissioners unanimously voted to approve the Hearing Officerís Report.

 

 

Docket #FIC 2015-701                 Jorge Alvarez v. Chief, Police Department, City of New  Haven; 
                                                      Police Department, City of New Haven; and City of  New Haven

 

The Commissioners unanimously voted to approve the Hearing Officerís Report.

 

Docket #FIC 2015-746                   Mark Dumas and the Connecticut State Police Union v.  
                                                        Benjamin Barnes, Secretary, State of Connecticut, Office 
                                                        Policy and Management; and State of Connecticut, Office of  
                                                         Policy and Management.

 

The Commissioners unanimously voted to approve the Hearing Officerís Report.


 

Docket #FIC 2015-749                  Laurene Boulton v. Mayor, City of Derby; and City of Derby

 

The Commissioners unanimously voted to approve the Hearing Officerís Report.

 

 

Docket #FIC 2015-786                  Wolfgang Halbig v. Commissioner, State of Connecticut, 
                                                       Department of Emergency Services and Public Protection; 
                                                       and  State of Connecticut, Department of Emergency Services 
                                                       and Public Protection  Attorney L. Kay Wilson and Wilson Halbig 
                                                       appeared on behalf of the complainant. Assistant Attorney General 
                                                       Steven Barry appeared on behalf of the respondents.

The Commissioners unanimously voted to remand the matter to the Hearing Officer for the purpose
of reopening the hearing and for the purpose of receiving briefs by August 23, 2017. The
proceedings were recorded digitally.

 

 

Docket #FIC 2015-821                   Anthony D'Angelo v. Chairman, Lake Zoar Authority; and Lake 
                                                        Zoar Authority.

 

The Commissioners unanimously voted to approve the Hearing Officerís Report.

 

Victor R. Perpetua reported on pending appeals.

  

Kathleen K. Ross reported on the Superior Court, Judicial District of New Britain Memorandum of
Decision dated July 19, 2016 in Bradshaw Smith v. Freedom of Information Commission, Docket No. HHB  CV16-5017349S.     

 

   Colleen M. Murphy reported that the FOIC, the Office of State Ethics and the State Elections Enforcement Commission had written a letter to the Office of Policy and Management protesting the holdback of funds budgeted for fiscal year 2017. All three agencies believe that OPM lacks the statutory authority to withhold those funds. Murphy also reported that the three agencies, along with the Department of Administrative Services, are working to resolve issues concerning the lack of fiscal, human resources and IT assistance provided for in the current budget following de-consolidation from the Office of Governmental Accountability.

 

        

                  The meeting was adjourned at 4:20 p.m.

 

 

 ______________                             

Thomas A. Hennick

MINREGmeeting 07272016/tah/07282016

 


 

 

              AMENDMENTS

 

Docket #FIC 2015-753         Ira Alston v. Commissioner, State of Connecticut, 
                                                Department of Correction; and State of Connecticut,
      Department of Correction

 


      12. At the hearing on this matter, the complainant challenged the thoroughness of the

respondentsí search contending that there was insufficient evidence in the record to characterize the search of the Wardenís files as thorough and that his administrative [separation] SEGREGATION file was not searched.  The complainant also claimed that pursuant to certain Administrative Directives of the respondent department, the respondents are required to maintain a copy of the requested record and provide a copy of it to him upon request.

 

      15. It is found that the complainantís administrative [separation] SEGREGATION file is not

maintained at MWCI but Northern Correctional Institution (hereinafter ďNCIĒ) where the

complainant is presently housed.

 

      18. It is found that by email dated January 22, 2016, the respondents indicated that a search of

the complainantís administrative [separation] SEGREGATION file had been conducted and the

requested record was not found.

 

Docket #FIC 2014-183              Adrienne DeLucca and the Berlin Education Association v. 
                                                   Superintendent of Schools, Berlin Public Schools; and Berlin 
                                                   Public Schools.

 

The following is added as a third paragraph at the beginning of the report:

 

AT THE JULY 27, 2016 MEETING OF THE COMMISSION, ADRIENNNE DELUCCA CLARIFIED THAT SHE IS NOT A PARTY TO THE COMPLAINT  BUT RATHER SHE REPRESENTS THE BERLIN EDUCATION ASSOCIATION.  ACCORDINGLY, ATTORNEY DELUCCA IS REMOVED AS A PARTY TO THIS MATTER AND THE CASE CAPTION SHALL BE AMENDED ACORDINGLY.

 





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