FOI: Minutes07262017


TO:        Freedom of Information Commission

FROM:    Thomas A. Hennick

RE:        Minutes of the Commission’s regular meeting of July 26, 2017

A regular meeting of the Freedom of Information Commission was held on July 26, 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 Jonathan J. Einhorn                                                               
              Commissioner Christopher P. Hankins
              Commissioner Lenny T. Winkler        
                                                                                                                                                                                                                                                                                   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 voted, 5-0, to approve the Commission’s regular meeting minutes of July 12, 2017. Commissioner Einhorn did not participate in this matter.

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 2016-0583     Omar Walker v. Commissioner, State of Connecticut,Department of Public Health; State of Connecticut,  Department  of Public Health; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
                        
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.


Docket #FIC 2016-0596     James Raynor v. Chief, Police Department, City of Hartford;Police Department, City of Hartford; and City of  Hartford
 
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
    
          
Docket #FIC 2016-0611     Marcos Gonzalez v. Commissioner, State of Connecticut,Department of Correction; and State of Connecticut, Department of Correction
             
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Einhorn did not participate in this matter.
        
          
Docket #FIC 2016-0629     Tyrone Rosa v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles
 
Tyrone Rosa participated via speakerphone. Attorney Leland Moore appeared on behalf of the respondents. The Commissioner unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally.


Docket #FIC 2016-0630     Tyrone Rosa v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
 
Tyrone Rosa participated via speakerphone. Attorney James Neil appeared on behalf of the respondent Department of Correction. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
                
Docket #FIC 2016-0593     Kevin Dailey v. Norman Cole, Land Use Bureau, City of  Stamford; Thomas Mills, as member, Zoning Board, City of Stamford; William Morris, as member, Zoning Board,  City of Stamford; David Stein, as member, Zoning Board, City of Stamford; Joanna Gwozdziowski, as member, Zoning Board,    City of Stamford; Roseanne McManus, as member, Zoning  Board, City of Stamford; Zoning Board, City of Stamford; and City of Stamford

Kevin Daily appeared on his own behalf. Attorney Burt Rosenberg appeared on behalf of the respondents. Attorney Amy Souchens appeared on behalf of the intervenor, Strand/BLC Group LLC. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally.

                      
Docket #FIC 2016-0623     Tamara Lanier v. Director, Legal Services, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch

The Commissioners voted, 5-0, to amend the Hearing Officer’s Report. The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report as amended. The proceedings were recorded digitally. Commissioner Einhorn did not participate in this matter.

      
Docket #FIC 2016-0648     Eric Handel v. Commissioner, State of Connecticut, Department of Motor Vehicles; and State of Connecticut, Department of Motor Vehicles

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

   
Docket #FIC 2016-0677     Emergency Medicine Physicians of Fairfield County, LLC and Emergency Medicine Physicians of New London County, LLC v. Commissioner, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services

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

Docket #FIC 2016-0727     Ray Rossomando and the Connecticut Education Association v. Principal, Amistad Elementary School; and Amistad Elementary School
 
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2016-0728     Ray Rossomando and the Connecticut Education Association v. Principal, Amistad Academy High School;  and Amistad Academy High School

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


 Docket #FIC 2016-0729     Ray Rossomando and the Connecticut Education Association v. Principal, Amistad Academy Middle School; and Amistad Academy Middle School
 
 The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 

Docket #FIC 2017-0219     Nicole Dorman v. Chairman, Board of Education, Glastonbury Public Schools; Superintendent of Schools, Glastonbury Public Schools; and Glastonbury Public Schools
 
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

  
Victor R. Perpetua reported on pending appeals.

Colleen M. Murphy reported on the recent CCFOI luncheon and awards ceremony.

Colleen M. Murphy introduced FOI summer intern Kate Vella and visitor Alex Pearlman.

The meeting was adjourned at 3:44 p.m.

                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 07262017/tah/07272017





*   See Attached for Amendments




                                                                          AMENDMENTS
              
Docket #FIC 2016-0629     Tyrone Rosa v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles

The Hearing Officer’s Report is amended as follows:

[12. It is found that the complainant took the appropriate steps to deliver his July 27th request, by depositing it in the equivalent of a mailbox, and that the respondents are therefore deemed to have received it.]

[13.] 12. It is found that, prior to the hearing in this matter, the respondents provided the complainant with all records responsive to the complainant’s July 27th and November 14th requests.     

[14.] 13. It is concluded, therefore, that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S., as alleged by the complainant.

Docket #FIC 2016-0593     Kevin Dailey v. Norman Cole, Land Use Bureau, City of Stamford; Thomas Mills, as member, Zoning Board, City of Stamford; William Morris, as member, Zoning Board, City  of Stamford; David Stein, as member, Zoning Board, City of Stamford; Joanna Gwozdziowski, as member, Zoning Board, City of Stamford; Roseanne McManus, as member,  Zoning Board, City of Stamford; Zoning Board, City of Stamford; and City of Stamford

 The Hearing Officer’s Report is amended as follows:

32.  It is found that the applications for the boatyard were complex, and that the materials that
needed to be reviewed were voluminous and that the issues that had to be addressed were extensive. 
It is found that, therefore, separate meetings were scheduled to discuss and deliberate upon the seven
applications.  Upon the recommendation of Mr. Cole, the Board addressed each application in order
of the least complex to the most complex, and that the first application was addressed at the July 25,
2016 regular meeting.  It is found that the only difference between prior application processes and the
process for the applications for the boatyard was that it appeared to the complainant, and allegedly
many others in the audience, that the Board was discussing conditions without having first discussed
whether this particular boatyard proposal, on its face, sufficiently met the needs of the community
and was a good idea.  It is found, however, that the chairman had determined that it was better to
discuss the conditions first and then discuss the sufficiency of the proposed boatyard. IT IS
FURTHER FOUND THAT THE CHAIRMAN REVIEWED HIS DETERMINATION WITH
THE OTHER BOARD MEMBERS AT THE JULY 7, 2016 MEETING OF THE BOARD AND
THE BOARD MEMBERS CONCURRED WITH HIS DETERMINATION TO PROCEED IN
SUCH MANNER.


Docket #FIC 2016-0623     Tamara Lanier v. Director, Legal Services, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch

The Hearing Officer’s Report is amended as follows:

9.  Section 1-210(a), G.S., provides in relevant part that:

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours . . . . OR (3) RECEIVE A COPY SUCH RECORDS IN ACCORDANCE WITH SECTION 1-212.






Content Last Modified on 8/1/2017 8:57:04 AM