FOI: Minutes05242017


TO:        Freedom of Information Commission

FROM:    Thomas A. Hennick

RE:         Minutes of the Commission’s regular meeting of May 24, 2017
 
A regular meeting of the Freedom of Information Commission was held on May 24, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:12 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Matthew Streeter                                                                    
             Commissioner Christopher P. Hankins
             Commissioner Lenny T. Winkler
             Commissioner Ryan P. Barry
                                                                                                                                                                                                                                                                                    Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.

The Commissioners voted, 4-0, to approve the Commission’s regular meeting minutes of May 10, 2017. Commissioner Winkler abstained.

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 2016-0475     Timothy Townsend v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                     
Timothy Townsend 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 recorded digitally.

Docket #FIC 2016-0516     Tyronne Pierce v. Chief, Police Department, Town of Putnam; and Police Department, Town of Putnam
 
The Commissioners unanimously voted to approve the Hearing Officer’s Report.       
             
                            
Docket #FIC 2016-0517     Tyronne Pierce v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; City of Hartford; 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 2016-0553     Ian Wright v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons  and Paroles
 
Ian Wright participated via speakerphone. Attorney Leland Moore appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.


Docket #FIC 2016-0416     Ally Sexton and the Administrative and Residual Union v. Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services
 
Ally Sexton appeared on behalf of the complainants. Attorney Louis Bucari and Attorney Erica McKenzie appeared on behalf of the respondents. The Commissioners unanimously voted to amend and correct the Hearing Officer’s Report. The Commissioners unanimously voted to approve the Hearing Officer’s Report as amended and corrected.*
    
             
Docket #FIC 2016-0430     Robert Morrin v. Commissioner, State of Connecticut, Department of Banking; and State of Connecticut, Department of Banking
 
Attorney Jeffrey White and Attorney Kathleen Dion appeared on behalf of the complainants. Assistant Attorney General Matthew Budzik and Assistant Attorney General John Langmaid appeared on behalf of the respondents. The Commissioners twice voted, 4-0, to amend the Hearing Officer’s Report. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner Barry recused himself from the matter.

                 
Docket #FIC 2016-0500     Edward Peruta and the American News and Information Services, Inc. v. Regina Picard, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch
 
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
      
      
Docket #FIC 2016-0506     Valayshia Brookins 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 2016-0565     Torrey Townsend v. Personnel Director, City of New Haven; and City of New Haven

Torrey Townsend appeared on her own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
 

 Docket #FIC 2016-0566     Torrey Townsend v. Personnel Director, City of New  Haven; and City of New Haven

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

  
Docket #FIC 2016-0691     Torrey Townsend 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 Officer’s Report.


Docket #FIC 2016-0604     Eric Cotton and the Meriden Record Journal v. Chief, Police Department, City of Meriden; Police Department City of Meriden; and City of Meriden 

The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Hankins recused himself from the matter.
  

Docket #FIC 2016-0609    Russell Zimberlin v. Mayor, City of New Britain; and City of New Britain
                                                                 
Alfred Mayo appeared on behalf of the complainant. Attorney Joseph Skelly appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report.  The proceedings were recorded digitally. Commissioner Barry did not participate in this matter.        


Docket #FIC 2016-0663    Lilly Phillips v. Chairman, State of Connecticut, Retirement Commission; and State of Connecticut,  Retirement Commission

Lilly Phillips appeared on her own behalf. Attorney Michael Rose appeared on behalf of the respondents. The Commissioners voted, 3-0, to approve the Hearing Officer’s Report.  The proceedings were recorded digitally. Commissioner Barry did not participate in this matter. Commissioner Hankins recused himself from the matter.


Docket #FIC 2016-0817     Patricia Cofrancesco v. Mayor, City of Derby; Police Commission, City of Derby; and City of Derby
 
The matter was tabled.
 
             
Docket #FIC 2016-0819     Sarah Bollinger v. First Selectman, Town of Somers; and Town of Somers
 
 Sarah Bollinger appeared on her own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
                 

Victor R. Perpetua reported on the order dated May 5, 2017 in Gaudett, Joseph, Chief Bridgeport Police Department et al. v. Freedom of Information Commission, Docket No. HHBCV 166031985S.
 
The Commissioners voted, 4-0, to authorize staff to seek an extension of time to appeal the Superior Court, Judicial District of New Britain, Memorandum of Decision dated May 16, 2017 in Diana Wentzell, Commissioner, State of Connecticut Department of Education and Department of Education vs. Freedom of Information Commission and Michael Savino, Docket No. HHB-CV-16-6032889-S. The Commission also voted, 4-0, to authorize staff to appeal the decision should the extension of time be denied. Commissioner Barry did not participate in this matter.

The meeting was adjourned at 5:37 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 05242017/tah/05252017

  
See Attached for Amendments and Corrections*



              AMENDMENTS and CORRECTIONS
              
Docket #FIC 2016-0416         Ally Sexton and the Administrative and Residual Union v. Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services 
 
 The caption in the Hearing Officer’s Report is corrected as follows:

Alice Sexton [and the Administrative
and Residual Union,]

 Complainants

 against                           Docket #FIC 2016-0416

Commissioner, State of Connecticut,
Department of Revenue Services; and
State of Connecticut, Department of
Revenue Services,

Respondents                    May 16, 2017

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

5.  In complying with paragraph 4 of this order, if the respondents in good faith believe that any records, or portions thereof, described in paragraphs 3.a, 3.c and 3.[c] E of the findings, above, are exempt from disclosure PURSUANT TO SECTION 12-15 (h) (2) OR ATTORNEY CLIENT PRIVILEGE, they shall so inform the complainants within 90 days of the issuance of the final decision in this matter, and provide them with an index of such records, including a description of the record, the portion of the record claimed to be exempt, and the claimed exemption(s), which shall be deemed to be a denial of access to such records.


Docket #FIC 2016-0430     Robert Morrin v. Commissioner, State of Connecticut, Department of Banking; and State of Connecticut, Department of Banking
                                                                         
                                                                         

The Hearing Officer’s Report is amended as follows:

 10. It is found that on September 14, 2015, one day before the September 15, 2015 request,
and while Adams was serving as General Counsel [and Acting Commissioner], the complainant’s attorney retained a computer forensics expert “to collect publicly available content for the social media accounts (Twitter, LinkedIn, and Facebook) registered to Bruce Adams.”

 32. Accordingly, it is concluded that even if the social media posts were public records, the respondents did not violate §§1-210(a) and 1-212(a), G.S., by not [conducting a second search for records] SEARCHING FOR AND PRODUCING ADDITIONAL RECORDS IN RESPONSE TO THE COMPLAINANT’S SECOND REQUEST.






Content Last Modified on 5/30/2017 3:47:56 PM