FOI: Minutes03052017


TO:          Freedom of Information Commission

FROM:     Thomas A. Hennick

RE:          Minutes of the Commission’s regular meeting of March 8, 2017
 
A regular meeting of the Freedom of Information Commission was held on March 8, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:17 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, 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 Commission’s regular meeting minutes of February 22, 2017.

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 2016-0336       David Taylor v. Director, State of Connecticut, Correctional Managed
                                          Health Care, University of Connecticut Health Center; and State of Connecticut, Correctional
                                          Managed Health Care, University of Connecticut Health Center                
                         
The Commissioners unanimously voted to approve the Hearing Officer’s Report.


Docket #FIC 2016-0386       Ryan Taylor v. Dean Esserman, Chief, Police Department,
                                          City of New Haven; Police Department, City of New Haven; City of New
                                          Haven; Commissioner, State of  Connecticut, Department of Correction; and
                                          State of Connecticut, Department of Correction

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


Docket #FIC 2016-0449       John Kaminski v. Commissioner, State of Connecticut, Department of
                                          Emergency Services and Public Protection; and State of Connecticut,
                                          Department of Emergency Services and Public Protection

John Kaminski participated via speakerphone. Assistant Attorney General James Caley
 appeared on behalf of the respondents. The Commissioners unanimously voted to approve the
 Hearing Officer’s Report.


Docket #FIC 2016-0530       John Kaminski 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 2016-0241       Halina Trelski v. Director, State of Connecticut, Connecticut State
                                          Colleges and Universities; and State of Connecticut, Connecticut State
                                          Colleges and Universities
                                                                          
                                                                        

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

Docket #FIC 2016-0283       David Slepian and the Connecticut Chapter of the National Academy of
                                          Elder Law Attorneys v. Commissioner, State of Connecticut, Department of
                                          Social Services; and State of Connecticut, Department of Social Services
                                                               
Attorney Kristen Sweet appeared on behalf of the complainants. Assistant Attorney
General Tanya DeMattia appeared on behalf of the respondents. The Commissioners
voted, 3-0, to amend the Hearing Officer’s Report. The Commissioners voted, 3-0, to
approve the Hearing Officer’s Report as amended. * Commissioner Shaw did not participate in
this matter. The proceedings were recorded digitally.



Docket #FIC 2016-0302       James Torlai 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
                                                               
James Torlai appeared on his own behalf. Assistant Attorney General James Caley,
Attorney Janet Ainsworth and Jennifer Koerlin appeared on behalf of the respondents. The
Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings
were recorded digitally.


Docket #FIC 2016-0443       James Torlai v. Chief, Police Department, City of New  Britain; Police
                                          Department, City of New Britain; and City of New Britain
                                                                           
  The Commissioners tabled this matter.

  
Docket #FIC 2016-0313       Michael Aronow v. Attorney General, State of Connecticut, Office of the
                                          Attorney General; and State of Connecticut, Office of the Attorney General
                                                                     
                                                                  

Michael Aronow appeared on his own behalf. Assistant General Attorney Antoria
Howard appeared on behalf of the respondents. The Commissioners voted, 3-0, to amend the
Hearing Officer’s Report. The Commissioners voted, 3-0, to approve the Hearing Officer’s
Report as amended. * Commissioner Shaw did not participate in this matter. The proceedings
were recorded digitally.


Docket #FIC 2016-0322       Joseph Mingo v. Timothy Hagen, Chairman, Board of Education, East
                                          Lyme Public Schools; and Board of Education, East Lyme Public Schools
                                                        
The Commissioners unanimously voted to approve the Hearing Officer’s Report.               

 
Docket #FIC 2016-0360       Louise Czar v. Edward Brown, President, Bantam Fire Company; and
                                          Bantam Fire Company
                                                                      

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


Docket #FIC 2016-0477       Louise Czar 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 approve the Hearing Officer’s Report.


Docket #FIC 2016-0478       Louise Czar 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 approve the Hearing Officer’s Report.

         
Docket #FIC 2016-0397        Peter Prowda v. Commissioner, State of Connecticut, Department of
                                           Education; and State of Connecticut, Department of Education
                                                              
                                                             

Assistant Attorney General Darren Cunningham appeared on behalf of the respondents.
The Commissioners voted, 3-0, to amend the Hearing Officer’s Report. The Commissioners
voted, 3-0, to  approve the Hearing Officer’s Report as amended. * Commissioner Hankins 
recused himself from the matter. The proceedings were recorded digitally.


Docket #FIC 2016-0647       Kevin Mathewson v. Chief, Police Department, City of Bridgeport; Police
                                          Department, City of Bridgeport; and City of Bridgeport
 
The Commissioners unanimously voted to approve the Hearing Officer’s Report.

               
Docket #FIC 2016-0780       Karen Share 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.

Colleen M. Murphy reported on the New Britain Superior Court Memorandum of Decision in Bradshaw Smith vs. Freedom of Information Commission et al. dated February 22, 2017. 

Victor R. Perpetua and Colleen M. Murphy reported on pending appeals. 
      
Colleen M. Murphy reminded Commissioners that the annual FOI Conference will be held April 21 at the Riverhouse at Goodspeed Landing in East Haddam on April 21.
Paula S. Pearlman and Colleen M. Murphy reported on legislation.


                                                    The meeting was adjourned at 3:55 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 03082017/tah/03092017


                                                                 AMENDMENTS
               
Docket #FIC 2016-0283       David Slepian and the Connecticut Chapter of the National Academy of
                                          Elder Law Attorneys v. Commissioner, State of Connecticut, Department of
                                          Social Services; and State of Connecticut, Department of Social
                                          Services                                                 

The order in 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. The respondents shall provide the complainants with ELECTRONIC copies of the requested records, once redacted [, free of charge].  The respondents shall produce the redacted records to the complainants on a rolling basis, making a production to the complainants every other week, until all the requested records have been disclosed. THE RESPONDENTS SHALL HAVE ALL RECORDS DISCLOSED TO THE COMPLAINANTS WITHIN ONE YEAR. IN ADDITION, THE RESPODNENTS SHALL REPORT TO THE COMISSION IN WRITING ON THE STATUS OF DISCLOSURE AFTER SIX MONTHS.

Docket #FIC 2016-0313       Michael Aronow v. Attorney General, State of Connecticut, Office of the
                                          Attorney General; and State of Connecticut, Office of the Attorney General
                        
The Hearing Officer’s Report is amended as follows:

4. It is found that at the time of the complainant’s August 2013 filing, described in paragraph
3, above, there were ongoing proceedings at the Office of Public Hearings (“OPH”) involving a whistleblower retaliation complaint filed by the complainant against the University of Connecticut Health Center.  It is also found that the complainant was involved in ongoing litigation against the Freedom of Information (“FOI”) Commission concerning a final decision issued by the Commission.  In addition, it is found that the respondents represented the [complainant] UNIVERSITY OF CONNECTICUT HEALTH CENTER in the OPH and FOI matters.

Docket #FIC 2016-0397          Peter Prowda v. Commissioner, State of Connecticut, Department of
                                             Education; and State of Connecticut, Department of Education
                                          

The Hearing Officer’s Report is amended as follows:

16.  It is found that the enrollment data requested by the complainant are “education records,”
 within the meaning of FERPA.  The respondents claim that some of the data contains PII, pursuant to
 the definition PII in subsection [(g)] (f) of 34 CFR §99.3 (see paragraph 15, above.)

28. It is found that the complainant’s requested records are basic school and school district
  enrollment counts at grade level.  It is found that these data have been released in this manner for
  many years to the complainant and to other members of the public without complaint[, and it is
  found that there is a substantial time delay between data collection and publication of the requested
  records].






Content Last Modified on 3/13/2017 1:26:02 PM