Connecticut Freedom of Information Commission

Due to public health concerns, CONTESTED CASE HEARINGS scheduled for the weeks of March 16 and March 23 are POSTPONED. The regular meeting of the FOI Commission scheduled for March 25, 2020, is CANCELED.

TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of January 8, 2014
     A regular meeting of the Freedom of Information Commission was held on January 8, 2014, 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 Jonathan J. Einhorn
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Lenny T. Winkler
     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Tracie C. Brown, Lisa F. Siegel, Kathleen K. Ross, Gregory F. Daniels, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners unanimously voted to amend the minutes of the Commission’s regular meeting of December 18, 2013. The Commissioners unanimously voted to approve the minutes as amended.*
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Richard Stevenson v. B. Bouffard, FOI Liaison, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Richard Stevenson participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Robert Gross v. Recycling Committee, Town of Wallingford
     Robert Gross appeared on his own behalf. Attorney Janis Small appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Harold McClintock v. Internal Affairs Division, Police Department, Town of New Haven; and Police Department, Town of New Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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. The Commissioners unanimously voted to correct the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
The Greenwich Time v. Board of Selectmen, Town of Greenwich; Board of Estimate and Taxation, Town of Greenwich; and Board of Education, Greenwich Public Schools
     Attorney Diego Ibarguen appeared on behalf of the complainant. Attorney John Wayne Fox appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Bill Effros v. Representative Town Meeting, Town of Greenwich; and Town of Greenwich
     Bill Effros appeared on his own behalf. Attorney John Wayne Fox appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Richard Saluga v. Chairman, Board of Assessment Appeals, Town of Brookfield; and Board of Assessment Appeals, Town of Brookfield
     Richard Saluga appeared on his own behalf. Attorney Nathan Zezula appeared on behalf of the respondents. 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 Hankins recused himself from the matter. The proceedings were recorded digitally.
Geoffrey Woods v. Chief Building Official, Building Department, Town of Fairfield; Building Department, Town of Fairfield; Director of Health, Health Department, Town of Fairfield; and Health Department, Town of Fairfield
     Geoffrey Woods appeared on his own behalf. The Commissioners voted, 5-0, to correct the Hearing Officer’s Report. The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally. Commissioner Daly did not participate in this matter.
Nicholas Mercier v. Mayor, City of New Britain; and City of New Britain
     The Commissioners unanimously voted to correct the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report s corrected.*
Robert Willis v. Director, Park and Recreation Department, Town of Woodbury; and Park and Recreation Department, Town of Woodbury
     Robert Willis appeared on his own behalf. Attorney Paul Jessel appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. Commissioners Daly and Winkler did not participate in this matter. The proceedings were recorded digitally.
     Victor R. Perpetua reported on pending appeals.
     Colleen M. Murphy reported that the annual Freedom of Information Conference would take place on April 4, 2014 at the Riverhouse at Goodspeed Station in Haddam.
     Colleen M. Murphy reported on legislation

     The meeting was adjourned at 4:55 p.m.
________________
Thomas A. Hennick
MINREGmeeting 01082014/tah/01092014
AMENDMENTS AND CORRECTIONS
Robert Gross v. Recycling Committee, Town of Wallingford
          The caption in this matter is amended as follows:
Robert Gross v. [Recycling Committee, Town of Wallingford] DIRECTOR, WALLINGFORD PLANNING PROGRAM AND DEVELOPMENT, TOWN OF WALLINGFORD
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
          The Hearing Officer’s Report is corrected as follows:
     18.  After careful review of the in camera records at Page 1, lines 28 – [28]29, and Page 2, lines 15 through 23, it is found that such information is responsive to the request described in paragraph 10(c), above.
Richard Saluga v. Chairman, Board of Assessment Appeals, Town of Brookfield; and Board of Assessment Appeals, Town of Brookfield
          The Hearing Officer’s Report is amended as follows:
     14.  John Hooker, who is a member of the respondent board, and who was present and participated in the March 18, 2013 meeting, testified that “no one has ever been excluded from a meeting of the BAA.”  However, Mr. Hooker acknowledged that “it was possible” [that they huddled in the corner of the room and] that they kept their voices lower than normal during the March 18th meeting, but that if they did so, it was not intentional.
     16.  Based upon the evidence and testimony provided, and, after an assessment of the credibility of the witnesses in this matter, it is found that the respondents [intentionally] lowered their voices during their discussion of the assessment appeals during the March 18th meeting so that members of the public in attendance could not hear, specifically, what was being discussed.
Geoffrey Woods v. Chief Building Official, Building Department, Town of Fairfield; Building Department, Town of Fairfield; Director of Health, Health Department, Town of Fairfield; and Health Department, Town of Fairfield
          The Hearing Officer’s Report is corrected as follows:
     19.  After careful inspection of the in camera records, it is found that Attorneys Saxl and Lesser were acting as legal counsel for the Town of [Monroe] FAIRFIELD; that the emails at issue were between Attorneys Saxl and Lesser and current town officials; that the emails relate to legal advice sought by the town from Attorneys Saxl and Lesser; and that the communications were made in confidence.  With regard to the email between Attorney Eileen Kennelly and Sands Cleary, it is found, after careful inspection, that, under the facts and circumstances of this particular exchange, Attorney Kennelly was acting as legal counsel for the town and that the email was between Attorney Kennelly and a current town official, relates to legal advice sought by the town from Attorney Kennelly, and was made in confidence.
Nicholas Mercier v. Mayor, City of New Britain; and City of New Britain
          The Hearing Officer’s Report is corrected as follows:
     6.  By letter filed May 13, 2013, the complainant appealed to this Commission, alleging that the respondents [UCHC] violated the Freedom of Information (“FOI”) Act by improperly charging him for copies of computer-stored records.
          The minutes of the December 18 meeting were amended as follows:
 Docket #FIC 2013-205
Paul Baer v. John Bell, Chairman, Fire Advisory Committee, Town of Thompson; and Fire Advisory Committee, Town of Thompson
     The complainant appeared on his own behalf.  THE COMMISSIONERS VOTED 3-3 NOT TO ASSESS A CIVIL PENALTY IN THIS MATTER.  COMMISSIONERS WINKLER, BARRY AND EAGAN VOTED FOR THE ASSESSMENT.  COMMISSIONERS HANKINS, DALY, AND STREETER VOTED AGAINST THE ASSESSMENT.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were digitally recorded.