FOI: Minutes09142016


TO:                 Freedom of Information Commission
FROM:            Mary E. Schwind
RE:                 Minutes of the Commission’s regular meeting of September 14, 2016
DATE:             September 19, 2016



A regular meeting of the Freedom of Information Commission was held on September 14, 2016, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:19 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Jay Shaw (participated via speakerphone)
             Commissioner Jonathan Einhorn                                   
             Commissioner Matthew Streeter                                                                    
             Commissioner Christopher P. Hankins        
                                                                                                                                                                                                                     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.


The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of August 24, 2016. 

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

Docket #FIC 2015-756                   Jason Goode v. Commsisioner, State of Connecticut,
                                                        Department of Correction; and State of Connecticut, 
                                                        Department of Correction
 
The Commissioners unanimously voted to approve the Hearing Officer’s Report.

 
Docket #FIC 2015-791                   Tyrone Pierce v. Commissioner, State of Connecticut,
                                                        Department of Emergency Services and Public 
                                                        Protection; and State of Connecticut, Department 
                                                        Emergency Services and Public Protection  

Tyrone Pierce participated via speakerphone.  Assistant Attorney General Steven Barry appeared on behalf of the respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were digitally recorded.   


Docket #FIC 2015-882                   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 approve the Hearing Officer’s Report.  The proceedings were digitally recorded.   


Docket #FIC 2015-883                   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 Officer’s Report.


Docket #FIC 2014-171                   Marissa Lowthert v. Bruce Likly, Chairman, Board of  
                                                        Education, Wilton Public Schools; and Board of Education, 
                                                        Wilton Public Schools

Marissa Lowthert appeared on her own behalf.  Attorney Jessica Richman Smith  appeared on behalf of the respondents.   The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were digitally recorded.   

               
Docket #FIC 2014-246                   Marissa Lowthert v. Chairman, Board of Education, Wilton Public
                                                        Schools; and Board of Education,  Wilton Public Schools

Marissa Lowthert appeared on her own behalf.  Attorney Jessica Richman Smith appeared on behalf of the respondents.   The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were digitally recorded.   


Docket #FIC 2014-416                   Marissa Lowthert v. Bruce Likly, Chairman, Board of 
                                                        Education, Wilton Public Schools; and Board of Education,  Wilton
                                                        Public Schools

Marissa Lowthert appeared on her own behalf.  Attorney Jessica Richman Smith appeared on behalf of the respondents.   The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were digitally recorded.   


Docket #FIC 2015-640                   Susan McCall v.  William Brennan, First Selectman, Town
                                                        of Wilton; Bruce Hampson, Chairman, Miller-Driscoll
                                                        Building Committee; Karen Birck, Chair, Miller-Driscoll
                                                        Building Committee; Kevin Smith, Superintendent of
                                                        Schools, Wilton Public Schools; Wilton Public Schools; 
                                                        and Town of Wilton

Susan McCall appeared on her own behalf.  Attorney Jessica Richman Smith appeared on behalf of the Board of Education respondents.   Attorney Patricia Sullivan appeared on behalf of the Town of Wilton.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.  The proceedings were digitally recorded.   

       
Docket #FIC 2015-855                   Noelle Bates v. Director, Personnel Department, City of
                                                        Bristol; Personnel Department, City of Bristol; and City 
                                                        of Bristol

Attorney Daniel Murphy appeared on behalf of the respondents. The Commissioners unanimously voted to table the matter.  The proceedings were digitally recorded.


Docket #FIC 2015-880                  Craig Minor v. Mayor, City of Bristol; and City of Bristol
                                                        

Craig Minor appeared on his own behalf.  Attorney Valerie Ferdon appeared on behalf  of the respondents.  The Commissioners unanimously voted to table the matter.  The proceedings were digitally recorded.


Docket #FIC 2016-0041                 Priscilla Dickman v. FOI Administrator, State of Connecticut, 
                                                       University of Connecticut Health Center; and State of 
                                                       Connecticut, University of Connecticut Health Center

The Commissioners voted 4-0 to approve the Hearing Officer’s Report. Commissioner Shaw did not participate in this matter.
   

Docket #FIC 2016-0066                Dan Brechlin and the Meriden Record Journal v. City Council, 
                                                       City of Meriden; and City of Meriden

Eric Cotton appeared on behalf of the complainants.  Attorney Deborah Moore 
appeared on behalf of the respondents.   The Commissioners voted 3-0 to table the matter.  Commissioner Hankins recused himself from participating in this matter.   Commissioner Einhorn did not participate in this matter.   The proceedings were digitally recorded.

Docket #FIC 2016-0071                Ethan Fry and the Valley Independent Sentinel v. Commissioner, 
                                                       State of Connecticut, Department of Emergency Services and 
                                                       Public Protection; and State of Connecticut, Department of 
                                                       Emergency Services and Public Protection

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 2016-0076                Nancy Rice v. Chairman, Conservation Advisory Council; 
                                                       Conservation Advisory Council; Commissioner, State of 
                                                       Connecticut, Department of Energy and Environmental Protection; 
                                                       and State of Connecticut, Department of Energy and 
                                                       Environmental Protection

Nancy Rice appeared on her own behalf.  Assistant Attorney General Melinda Decker appeared on behalf of the respondent Department.  The Commissioners voted 4-0 to amend the Hearing Officer’s Report.  The Commissioners voted 4-0 to adopt the Hearing Officer’s Report as amended.*   Commissioner Einhorn did not participate in this matter.


                           No action was taken on the following matters:  Consideration of Notice of Decision
                   Not to Schedule in David Godbout v. Chair, Water and Sewer Commission, Town of East
                   Lyme; Water and Sewer Commission, Town of East Lyme; and Town of East Lyme
,
                   Docket # FIC 2016-0004; Consideration of Notice of Decision Not to Schedule in David
                   Godbout v. Chair, Water and Sewer Commission, Town of East Lyme; Water and Sewer
                   Commission, Town of East Lyme; and Town of East Lyme,
Docket # FIC 2016-0070;
                   Consideration of Notice of Decision Not to Schedule in David Godbout v. Chair, Water
                   and Sewer Commission, Town of East Lyme; Water and Sewer Commission, Town of
                   East Lyme; and Town of East Lyme,
Docket # FIC 2016-0072; Consideration of Notice
                   of Decision Not to Schedule in David Godbout v. Commissioners, Water and Sewer
                   Commission, Town of East Lyme; Clerk, Water and Sewer Commission, Town of East
                   Lyme; Clerk, Town of East Lyme; and Town of East Lyme
, Docket # FIC 2016-0183;   
                   Consideration of Notice of Decision Not to Schedule in David Godbout v. Chair, Water
                   and Sewer Commission, Town of East Lyme; Water and Sewer Commission, Town of
                   East Lyme; and Town of East Lyme,
Docket # FIC 2016-0216; Consideration of Notice of
                   Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
                   and Connecticut General Assembly
, Docket # FIC 2016-0122; Consideration of Notice of
                   Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
                   and Connecticut General Assembly
, Docket # FIC 2016-0124; Consideration of Notice of
                   Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly,
                   and Connecticut General Assembly
, Docket # FIC 2016-0125; Consideration of Notice of
                   Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
                   and Connecticut General Assembly
, Docket # FIC 2016-0126; Consideration of Notice of
                   Decision Not to Schedule in David Godbout v. Members, Connecticut General Assembly;
                   and Connecticut General Assembly
, Docket # FIC 2016-0127;  Consideration of Notice
                   of Decision Not to Schedule in David Godbout v. Chair, State of Connecticut, Freedom of
                   Information Commission; and State of Connecticut, Freedom of Information

                   Commission, Docket # FIC 2016-0133; Consideration of Notice of Decision Not to
                   Schedule in David Godbout v. Chair, State of Connecticut, Freedom of Information
                   Commission; and State of Connecticut, Freedom of Information Commission
, Docket #
                   FIC 2016-0138; Consideration of Notice of Decision Not to Schedule in David Godbout
                   v. Chair, State of Connecticut, Freedom of Information Commission; and State of
                   Connecticut, Freedom of Information Commission
, Docket # FIC 2016-0143;
                   Consideration of Notice of Decision Not to Schedule in David Godbout v. State's
                   Attorney, Office of the New Britain State's Attorney; and Office of the New Britain
                   State's Attorney
, Docket # FIC 2015-271; and Consideration of Notice of Decision Not to
                   Schedule in David Godbout v. Commissioner, State of Connecticut, Department of
                   Emergency Services and Public Protection, Division of State Police; and State of
                   Connecticut, Department of Emergency Services and Public Protection, Division of State
                   Police
, Docket # FIC 2016-0278.  Colleen Murphy reported that all such matters
                   had been withdrawn by the complainant the previous week.   The proceedings were
                   digitally recorded.


                The Commissioners unanimously voted to assign staff to prepare a Proposed Final
      Decision in Docket #FIC 2016-0100; Darrell Stancuna v. Commissioner, State of
      Connecticut, Department of Correction; and State of Connecticut, Department of
      Correction.

           The Commissioners did not consider items 19-23 on the agenda due to the lateness of the hour.

           The meeting was adjourned at 5:50 p.m.

   


                                                                ______________                         
                                                                Mary E. Schwind

MINREGmeeting 09142016/mes/09192016



*  See attached for Amendments

   AMENDMENTS


Docket #FIC 2016-0071                Ethan Fry and the Valley Independent Sentinel v. Commissioner, 
                                                      State of Connecticut, Department of Emergency Services and
                                                      Public Protection; and State of Connecticut, Department of
                                                      Emergency Services and Public Protection

 The Hearing Officer’s Report is amended by adding the following order.

1.  THE COMPLAINT IS HEREBY DISMISSED.



Docket #FIC 2016-0076                 Nancy Rice v. Chairman, Conservation Advisory Council; 
                                                       Conservation Advisory Council; Commissioner, State of
                                                       Connecticut, Department of Energy and Environmental
                                                       Protection; and State of Connecticut, Department of Energy and
                                                       Environmental Protection

    
           Paragraph 9 is amended as follows:

9.  Finally, it is found that the CAC holds its monthly meetings at DEEP’s headquarters in Hartford.  It is found that, at the CAC’s February 2016 monthly meeting, when the complainant entered the meeting and took a seat, some of the CAC members informed her that she [had to leave] DID NOT HAVE A RIGHT TO ATTEND THE MEETING, as the meeting in progress was a “private” meeting; however, it is found that the DEEP officials, who were present at the meeting, corrected the CAC members, informing them that this was a public meeting and, as such, the complainant had the right to attend. 


        Paragraph 2 of the order is amended as follows:

2.  The CAC respondents shall promptly provide the complainant with a copy of their
December 2015 meeting minutes free of charge, and with access to all their other meeting
minutes TO THE EXTENT THAT SUCH MINUTES EXIST. 






Content Last Modified on 9/20/2016 10:00:58 AM