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: Mary E. Schwind
RE: Minutes of the Commission’s regular meeting of August 13, 2014
DATE: August 14, 2014
     A regular meeting of the Freedom of Information Commission was held on August 13, 2014, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:16 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Matthew Streeter
     Commissioner Jonathan Einhorn
     Commissioner Lenny T. Winkler
     Commissioner Ryan P. Barry
     Also in attendance were Colleen Murphy, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Lisa F. Siegel, Valicia D. Harmon, Gregory F. Daniels, Cindy Cannata, and Mary E. Schwind.
     The Commissioners voted 4-0 to adopt the minutes of the Commission’s regular meeting of July 23, 2014.  Commissioner Barry did not participate in this vote.
     The Commissioners 4-0 voted to move consideration of Docket # 2013-717 to the top of the agenda.  Commissioner Barry did not participate in this vote.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.
Michael Gaetano 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 Commissioners voted 4-0 to adopt the Hearing Officer’s Report.   Commissioner Barry did not participate in this matter.
David Taylor v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles
     The complainant appeared on his own behalf and participated via speakerphone.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.   The proceedings were digitally recorded.
Junior Jumpp v. 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 complainant appeared on his own behalf and participated via speakerphone.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were digitally recorded.
Daniel Pekera v. President, Long Hill Fire Department, Town of Trumbull; Long Hill Fire Department, Town of Trumbull; and Town of Trumbull
     The Commissioners voted 4-0 to adopt the Hearing Officer’s Report.   Commissioner Barry did not participate in this matter.
Alireza Jamalipour v. Commissioner, State of Connecticut, Department of Transportation; and State of Connecticut, Department of Transportation
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Ohan Karagozian v. Commissioner, State of Connecticut, Department of Labor; and State of Connecticut, Department of Labor
     The complainant appeared on his own behalf.  Assistant Attorney General Krista O’Brien appeared on behalf of the respondents.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were digitally recorded.
Paul Wragg v. Town Manager, Town of Groton; and Town of Groton
     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
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
David DesRoches and the Darien Times v. Superintendent of Schools, Darien Public Schools; and Darien Public Schools
     David DesRoches appeared on behalf of the complainants.  The Commissioners unanimously voted to adopt the Hearing Officer’s Report.  The proceedings were digitally recorded.
Theda Lambert v. Director of Human Resources, Human Resources Department, Town of New Fairfield; Human Resources Department, Town of New Fairfield; and Town of New Fairfield
     The complainant appeared on her own behalf.   Attorney John F. Keating, Jr., appeared on behalf of the respondents.  The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners then unanimously voted to adopt the Hearing Officer’s Report as amended.*  The proceedings were digitally recorded.

     The Commissioners voted 4-0 to affirm the decision not to schedule hearings in the following matter:  David Godbout v. Andres Ayala, Member, Connecticut State Senate; and Joan Hartley, Member, Connecticut State Senate, Docket # FIC 2013-563.  Commissioner Einhorn did not participate in this matter.
     The Commissioners voted 4-0 to affirm the decision not to schedule hearings in the following matter:  David Godbout v. Chief Medical Examiner, State of Connecticut, Office of the Chief Medical Examiner; and State of Connecticut, Office of the Chief Medical Examiner, Docket # FIC 2013-634.  Commissioner Einhorn did not participate in this matter.
     The Commissioners voted 4-0 to affirm the decisions not to schedule hearings in the following matters:  David Godbout v. State of Connecticut, Freedom of Information Commission, Docket # FIC 2013-660 and David Godbout v. Executive Director, State of Connecticut, Freedom of Information Commission; and State of Connecticut, Freedom of Information Commission, Docket # FIC 2013-710.  Commissioner Einhorn did not participate in these matters.
     Victor Perpetua reported on pending appeals.
     Colleen Murphy reported on staff reports.
     The meeting was adjourned at 3:35 P.M.

__________________
Mary E. Schwind

* See attached for amendments
MINREGmeeting 08132014/mes/08/14/2014
AMENDMENTS
Theda Lambert v. Director of Human Resources, Human Resources Department, Town of New Fairfield; Human Resources Department, Town of New Fairfield; and Town of New Fairfield
     A new paragraph 13 is added as follows:
     13.  THE FOI ACT DOES NOT REQUIRE A RECORD MEMORIALIZING APPOINTMENTS TO A PERSONNEL SEARCH COMMITTEE.
     Paragraphs 13, 14 and 15 are amended by renumbering them as paragraphs 14, 15, and 16, respectively.
     Paragraph 16 is amended as follows:
     17. [16.] AT OR AROUND THE TIME THE VACANCY NOTICE CLOSED, [At the time the vacancy notice was posted,] it is found that the single-member “personnel search committee” comprised of only the respondent Director was expanded to include the First Selectman, and the Superintendent of Schools.
     Paragraphs 17 and 18 are amended by renumbering them as paragraphs 18 and 19, respectively.
     Paragraph 19 is amended as follows:
     20. [19.] Thereafter, it is found that the three-member “personnel search committee” was expanded to a six-member “personnel search committee,” consisting of the following individuals:  the Town Treasurer; the Chairman of the Board of Finance; the First Selectman; a member of the Board of Selectman, an Auditor and the Superintendent of Schools.  IT IS FURTHER FOUND THAT THE FIRST SELECTMAN APPOINTED SUCH MEMBERS TO THE COMMITTEE.  It is found that the purpose of this committee was to conduct interviews, select three finalists for second interviews, conduct a second round of interviews, and, thereafter, to rank the three finalists.  It is found that this “personnel search committee” completed its tasks.
     Paragraph 20 is amended by renumbering it as paragraph 21.
     Paragraph 21 is amended as follows:
     22. [21.]   It is found the “personnel search committee,” in its various iterations, described in paragraphs 15[14], 17[16], and 20[19], above, functioned solely to seek out, interview and select a candidate for the position of Director of Finance.
     Paragraph 22 is amended by renumbering it as paragraph 23.
     Paragraph 23 is amended as follows:
     24. [23.]  It is found that the committee described in paragraphs 15[14], 17[16], and 20[19], above, is personnel search committee, within the meaning of §1-200(7), G.S.
    Paragraphs 24, 25, 26, 27, and 28, are amended by renumbering them as paragraphs 25, 26, 27, 28, and 29, respectively.