FOI: Minutes06142017


TO:       Freedom of Information Commission

FROM:   Thomas A. Hennick

RE:       Minutes of the Commissionís regular meeting of June 14, 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 2:13 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Jay Shaw (participated via speakerphone)
             Commissioner Jonathan J. Einhorn                                                               
             Commissioner Christopher P. Hankins
             Commissioner Michael C. Daly
             Commissioner Lenny T. Winkler         
                                                                                                                                                                                                                                                                                    Also present were staff members, Mary E. Schwind, Victor R. Perpetua, 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 Commissionís regular meeting minutes of May 24, 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 2016-0521      Anthony Torres v. Patricia Kupeck, FOI Administrator, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                   
Anthony Torres participated via speakerphone. Attorney Nancy Canney and Craig Washington appeared on behalf of the respondents. The Commissioners unanimously voted twice to amend the Hearing Officerís Report. The Commissioners unanimously voted to approve the Hearing Officerís Report as amended.* The proceedings were recorded digitally.


Docket #FIC 2016-0701      Abin Britton v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                                                                      
The Commissioners unanimously voted to table the Hearing Officerís Report.

  
Docket #FIC 2016-0724      Joseph Abraham v. Scott Sansom, Chief, Police Department, Town of East Hartford; Police Department, Town of East Hartford; Town of East Hartford; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                                                                     
Joseph Abraham participated via speakerphone. Attorney Nancy Canney and Craig Washington appeared on behalf of the Department of Correction respondents. The Commissioners voted to approve the Hearing Officerís Report. The proceedings were recorded digitally.

           
Docket #FIC 2016-0498      Phyllis Genel v. First Selectman, Town of Woodbridge; Board of Selectmen, Town of Woodbridge; and Town of Woodbridge
                                                      
The Commissioners unanimously voted to approve the Hearing Officerís Report.


Docket #FIC 2016-0627      Halina Trelski v. President, State of Connecticut, Middlesex Community College; and State of Connecticut, Middlesex Community College
 
The Commissioners unanimously voted to approve the Hearing Officerís Report.

                  
Docket #FIC 2016-0678      Katherine Camara v. Ken Demirs, as member, Planning Commission, Town of Watertown; Planning Commission, Town of Watertown; and Town of Watertown
 
Katherine Camara appeared on her own behalf. Attorney Paul Jessel appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officerís Report.The proceedings were recorded digitally.

               
Docket #FIC 2016-0688      Robert Cushman 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 Officerís Report. 
     
   
Docket #FIC 2016-0745      Tom Arras v. William Butterly, Jr., First Selectman, Town of Woodbury; Barbara Perkinson, as member, Board of Selectmen, Town of Woodbury; Michael Gransky, as member, Board of Selectmen, Town of Woodbury; and Town of Woodbury

Tom Arras appeared on his own behalf. Attorney Thomas Kaelin appeared on behalf of the Respondents. The Commissioners unanimously voted to approve the Hearing Officerís Report.  The proceedings were recorded digitally. 
     

Docket #FIC 2016-0825      Tom Arras v. William Butterly, First Selectman, Town of Woodbury; Michael Gransky, as member, Board of Selectmen, Town of Woodbury; Barbara Perkinson, as member, Board of Selectmen, Town of Woodbury; and Board of Selectmen, Town of Woodbury

Tom Arras appeared on his own behalf. Attorney Thomas Kaelin appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officerís Report.  The proceedings were recorded digitally.


Docket #FIC 2016-0791      Dan Barrett and the American Civil Liberties Union of Connecticut v. Town Manager, Town of Enfield; and Town of Enfield

The Commissioners unanimously voted to approve the Hearing Officerís Report.

  
Docket #FIC 2016-0840      Dan Barrett and the American Civil Liberties Union of Connecticut v. Town Attorney, Town of Enfield; Town Manager, Town of Enfield; and Town of Enfield
 
The Commissioners unanimously voted to approve the Hearing Officerís Report.


Docket #FIC 2016-0794      Steve Changaris and the National Waste and Recycling Association v. Commissioner, State of Connecticut, Department of Energy and Environmental Protection; and State of  Connecticut, Department of Energy and Environmental Protection

The Commissioners unanimously voted to approve the Hearing Officerís Report.


Docket #FIC 2016-0795      Alexander Wood and the Manchester Journal Inquirer 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 2016-0817      Patricia Cofrancesco v. Mayor, City of Derby; Police Commission, City of Derby; and City of Derby

Patricia Cofrancesco appeared on her own behalf. Attorney Francis Teodosio appeared on behalf  of the respondents. The Commissioners voted, 5-0, to approve the Hearing Officerís Report.  The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.


Docket #FIC 2016-0824      Marisa Bellair v. Chief, Police Department, City of Meriden; Police Department, City of Meriden; and City of Meriden
 
The Commissioners unanimously voted to approve the Hearing Officerís Report.
 

Docket #FIC 2017-0005      David Knapp v. President, Board of Aldermen, City of Ansonia; Board of Aldermen, City of Ansonia; and City of Ansonia

The Commissioners unanimously voted to approve the Hearing Officerís Report.
                
Victor R. Perpetua reported on the order in 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. No action was taken.
               
Victor R. Perpetua reported on pending appeals.

Mary E. Schwind reported on legislation.

The meeting was adjourned at 3:37 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 06142017/tah/06152017


                                                                 AMENDMENTS
              
Docket #FIC 2016-0521      Anthony Torres v. Patricia Kupeck, FOI Administrator, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

The caption in the Hearing Officerís Report is corrected as follows:

CRAIG WASHINGTON [Patricia Kupeck],
FOI Administrator, State of Connecticut,
Department of Correction; and State of
Connecticut, Department of Correction

Paragraph 7 of the Hearing Officerís Report is amended as follows:
7.   It is found that in response to the complainantís May 12, 2016 request, the respondent departmentís FOI liaison, by letter dated May 19, 2016, provided the complainant with records responsive to his requests described in paragraphs 6[3]a, 6[3]b and 6[3]e, above.  It is found, however, that the respondents claimed that disclosure of the records described in paragraphs 6[3]c and 6[3]d, above, would create a risk of safety and security within the prison and were withheld pursuant to ß1-210(b)(18), G.S.   

Paragraph 9 of the Hearing Officerís Report is amended as follows:
9.   It is found that, by the time of the hearing in this matter, the complainant had been provided with many of the records responsive to his request, including certain collective bargaining agreements, but that he had not been provided with the following:

a. the service contract(s) between DOC and Schulman and Associates, described in paragraph 6[3]a, above, effective between January 2006 and 2010, and pages 39 and 40 of the contract that was provided;

b. page 50 of the service contract between DOC and Bansley and Anthony , LLC, described in paragraph 6[3]b, above;

c. the collective bargaining agreements described in paragraph 6[3]c, above, for certain contract years;

d. the collective bargaining agreements, described in paragraph 6[3]d, above, for certain contract years; and

e. Appendix E of the service contract and memorandum of understanding, described in paragraph 6[3]e, above, that was provided and the contract(s) for the years between 2006 and 2012.  
Minutes, Regular Meeting, June 14, 2017
Page 6

Paragraph 10 of the Hearing Officerís Report is amended as follows:
10.  With respect to the records described in paragraph 9a, above, the respondents testified, and it is found, that they maintain, and will provide the complainant with the service contract between DOC and Schulman and Associates effective between January 2006 and 2010 which is responsive to his request described in paragraph 6[3]a, above.  It is found, however, that pages 39 and 40 of the contract that were provided were forms that, once completed, are not kept with the service contract and therefore are not maintained by the respondent department.

Paragraph 13 of the Hearing Officerís Report is amended as follows:
13.  With respect to the records described in paragraph 9e, above, the respondents testified at the hearing on this matter, and it is found, that they maintain, and will provide the complainant with, a readable copy of Appendix C, a copy of Appendix E, and a copy of the service contract and memorandum of understanding, described in paragraph 6[3]e, above, effective between 2006 and 2012.  

Paragraph 16 of the Hearing Officerís Report is amended as follows:
16.   It is found that the respondent departmentís FOI Liaison immediately, upon receipt of the May 12, 2016 request, compiled and sent the records responsive to the requests described in paragraphs 6[3]a, 6[3]b, and 6[3]c, above, through the respondent departmentís interdepartmental mail on May 19, 2016, to the correctional facility in which the complainant is housed.  It is found, however, that those records were not provided to the complainant until July 11, 2016. 

Paragraph 18 of the Hearing Officerís Report is amended as follows:
18.  With respect to the records described in paragraph 6[3]c and 6[3]d, above, it is found that the respondent departmentís FOI Liaison withheld the two collective bargaining agreements with the understanding that the union attorney, who claimed that the exemption found in ß1-210(b)(18), G.S., was applicable, would appear at the hearing and defend that claim.  It is found that once the attorney informed the FOI Liaison that he would not defend the claim before the Commission, the collective bargaining agreements that the respondent department maintained were provided to the complainant on November 30, 2016.  


Paragraph 1 of the Order of the Hearing Officerís Report is amended as follows:

1. The respondents shall forthwith provide the complainant with a copy of the records described in paragraphs 10 and 13 of the findings, above, free of charge.  In addition, the respondents shall notify the Commission, in writing, when said records have been provided to the complainant.






Content Last Modified on 6/20/2017 11:58:08 AM