FOI: Minutes09132017

TO:  Freedom of Information Commission

FROM: Thomas A. Hennick

RE:  Minutes of the Commission’s regular meeting of September 13, 2017
 
A regular meeting of the Freedom of Information Commission was held on September 13, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:11 p.m. with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Matthew Streeter                                                                    
             Commissioner Jonathan J. Einhorn                                                               
             Commissioner Michael C. Daly
             Commissioner Lenny T. Winkler            

Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, 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 August 23, 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 2016-0693         Bobby Nealy v. Jeffry W. Cossette, Chief, Police
Department, City of Meriden; Police Department, City of   Meriden; and City of Meriden
Bobby Nealy participated via speakerphone. 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 2016-0725          Luis Salaman v. Anthony Campbell, Acting Chief, Police
Department, City of New Haven; Police Department, City of  New Haven; Commissioner, State of Connecticut, Department
of Correction; and State of Connecticut, Department of  Correction

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
Docket #FIC 2016-0766          Juan Maldonado v. Commissioner, State of Connecticut,
Department of Correction; and State of Connecticut, Department of Correction

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

     
Docket #FIC 2016-0768     Tyronne Pierce v. Mayor, City of Hartford; and City of   Hartford
Tyronne Pierce participated via speakerphone.

The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.

Docket #FIC 2016-0784           Ralph Mcllelan v. Commissioner, State of Connecticut,
Department of Correction; and State of Connecticut, Department of Correction
Ralph Mcllelan participated via speakerphone. Attorney Nancy Kase O’Brasky appeared on
behalf of the respondents.

The Commissioners unanimously voted to adopt the Hearing Officer’s
Report. The proceedings were recorded digitally.

Docket #FIC 2016-0687         Chris Chappell v. Chief, Police Department, Town of West
Hartford; Police Department, Town of West Hartford; and Town of West Hartford
Chris Chappell appeared on his own behalf. Attorney Garmon Newson appeared on behalf
of the respondents.

The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report.
Commissioner Eagan recused himself from the matter.
The proceedings were recorded digitally.

Docket #FIC 2016-0696      Robert Cushman v. Chief, Police Department, City of
Hartford; Police Department, City of Hartford; and City  of Hartford

The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 
      
Docket #FIC 2016-0700      Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of  Enfield; and Town of Enfield

The Commissioners unanimously voted to consolidate this matter with the next two agenda
items.  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 2016-0738     Alex Wood, Doreen Guarino, Will Healey and the
 Manchester Journal Inquirer v. Town Manager, Town of  Enfield; and Town of Enfield

 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 2016-0863   Alexander Wood, Will Healey, Doreen Guarino and the
 Manchester Journal Inquirer v. Town Manager, Town of  Enfield; and Town of Enfield

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 2016-0750       Steven Edelman v. Bruce Silva, Superintendent of Schools,
 Regional School District 19; and Regional School District 19
Steven Edelman appeared on his own behalf. Attorney Johanna Zelman appeared on behalf
of the respondents.

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

 Docket #FIC 2016-0814     Claire Bessette and the New London Day v. Chairman,
 Board of Directors, Connecticut Municipal Electric Energy Cooperative;
and Board of Directors, Connecticut Municipal  Electric Energy Cooperative
Claire Bessette appeared on behalf of the complainants.

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 2017-0138        Charles Cornelius v. Commissioner, State of
Connecticut, Department of Correction; State of Connecticut, Department of Correction; Executive
Director, State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care; and
State of Connecticut, University of Connecticut Health Center, Correctional Managed Health Care

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


The Commissioners unanimously voted to affirm the Executive Director’s decision not to schedule in Halina Trelski v. Chairman, State of Connecticut, Board of Regents, Connecticut State Colleges and Universities; and State of Connecticut, Board of Regents, Connecticut State Colleges and Universities; Docket # FIC 2016-0737; Halina Trelski v. President, State of Connecticut, Middlesex Community College; and State of Connecticut, Middlesex Community College, and Docket # FIC 2016-0792 Halina Trelski v. President, State of Connecticut, Middlesex Community College; and State of Connecticut, Middlesex Community College, Docket # FIC 2017-0087.  The matters were recorded digitally.

                   
 Victor R. Perpetua and Colleen M. Murphy reported on pending appeals.
                    

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




                                                        ______________                         
Thomas A. Hennick
MINREGmeeting 09132017/tah/09142017


*   See Attached for Amendments


 AMENDMENTS
              
Docket #FIC 2016-0693      Bobby Nealy v. Jeffry W. Cossette, Chief, Police
Department, City of Meriden; Police Department, City of    Meriden; and City of Meriden

The Hearing Officer’s Report is amended as follows:

11.  It is found that the additional records sought by the complainant, as described in paragraph 7, above, if they exist, are not contained in the case file searched by the respondents, which contains records in Case No. 14-002705 as identified by the complainant, that pertain to the complainant’s arrest. It is found that the respondents were [not] unreasonable in limiting their search to the case file, particularly in light of the conversations they had with the complainant.

[12. It is therefore concluded that the respondents did not violate the FOI Act as alleged.]

12. [13.]  [Nonetheless, at] AT the hearing in this matter, the respondents agreed to conduct an additional search directed to the Meriden Police Crime Suppression Unit for the records described in paragraph 7, above, and to provide any non-exempt records found to the complainant. The respondents also agreed that, if no records were found, that they would provide the complainant with an affidavit attesting to their search.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1.[The complaint is dismissed.] THE RESPONDENTS SHALL, FORTHWITH,
CONDUCT A DEPARTMENT-WIDE SEARCH FOR THE REQUESTED RECORDS AND PROVIDE ANY SUCH RECORDS TO THE COMPLAINANT, AND, IF NO RECORDS ARE FOUND, THE RESPONDENTS WILL PROVIDE THE COMPLAINANT WITH AN AFFIDAVIT ATTESTING TO THEIR SEARCH.

Docket #FIC 2016-0700    Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield

The Hearing Officer’s Report is amended as follows:

6.It is found that, at all times relevant to this matter, the respondent town was contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”) to insure its interest.  It is found that the respondent town became a party defendant in a federal lawsuit alleging excessive use of force by its police officers.  [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases.  It is found that after the town council voted to consent to CIRMA settling the cases, CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.]  IT IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N. TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES.  IT IS FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA SETTLING THE CASES. 

Docket #FIC 2016-0738          Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of  Enfield; and Town of Enfield
                                             
The Hearing Officer’s Report is amended as follows:

 6. It is found that, at all times relevant to this matter, the respondent town was contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”) to insure its interest.  It is found that the respondent town became a party defendant in a federal lawsuit alleging excessive use of force by its police officers.  [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases.  It is found that after the town council voted to consent to CIRMA settling the cases, CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.]  IT IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N. TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES.  IT IS FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA SETTLING THE CASES.


Docket #FIC 2016-0863        Alexander Wood, Will Healey, Doreen Guarino
 and the  Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield

The Hearing Officer’s Report is amended as follows:
 6. It is found that, at all times relevant to this matter, the respondent town was  contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”)  to insure its interest.  It is found that the respondent town became a party defendant in a
  federal lawsuit alleging excessive use of force by its police officers.  [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases.  It is found that after the town council voted to consent to CIRMA settling the cases,   CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.]  IT  IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N.  TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES.  IT IS
  FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND  ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES   AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA
  SETTLING THE CASES.                        
                                                                            
 Docket #FIC 2016-0814      Claire Bessette and the New London Day v. Chairman,
 Board of Directors, Connecticut Municipal Electric Energy Cooperative; and Board of Directors, Connecticut Municipal Electric Energy Cooperative                                                              

The order in the 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.  [If they have not already done so,] [the] THE respondents shall forthwith provide the complainant a copy of the budget approved at their November 17, 2016 meeting, free of charge.














Content Last Modified on 9/19/2017 12:13:15 PM