| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of July 8, 2015 |
A regular meeting of the Freedom of Information Commission was held on July 8, 2015, 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 Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Francis J. Brady
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Francis J. Brady
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Tracie C. Brown, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of June 24, 2015.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
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Marquis Jones v. Chief, Police Department, City of Bridgeport; and Police Department, City of Bridgeport |
Marquis Jones participated via speakerphone. Attorney Richard C. Kascak appeared on behalf of the respondents. The Commissioners unanimously voted to reopen the matter. The Commissioners unanimously voted to accept as a post-hearing exhibit an affidavit from the state Department of Correction. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
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David Osuch v. Legal Counsel, State of Connecticut, Office of the Chief Public Defender; and State of Connecticut, Office of the Chief Public Defender |
David Osuch participated via speakerphone. Attorney James Neil 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.* The proceedings were recorded digitally.
Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
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Michael Mitchell v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Michael Mitchell 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.
The proceedings were recorded digitally.
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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. Assistant Attorney General James Caley 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.* The proceedings were recorded digitally.
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Wolfgang Halbig v. First Selectman, Town of Newtown; Chief, Police Department, Town of Newtown; Police Department, Town of Newtown; Town of Newtown; Chair, Board of Education, Newtown Public Schools; and Board of Education, Newtown Public Schools |
Attorney L. Kay Wilson appeared on behalf of the complainant. Attorney Monte Frank appeared on behalf of the respondents. 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.
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Wolfgang Halbig v. Chief, Police Department, Town of Newtown; First Selectman, Town of Newtown; Town of Newtown; Chair, Board of Education, Newtown Public Schools; and Newtown Public Schools |
Attorney L. Kay Wilson appeared on behalf of the complainant. Attorney Monte Frank appeared on behalf of the respondents. The Commissioners unanimously voted 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 Shaw did not participate in this matter.
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Zachary Janowski and the Yankee Institute for Public Policy v. Legal Compliance Manager, Connecticut Health Insurance Exchange; and Connecticut Health Insurance Exchange |
Zachary Janowski appeared on behalf of the complainants. Attorney Kate Simone appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Brady recused himself from the matter. Commissioner Shaw did not participate in this matter.
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Jeff Cohen and WNPR v. Mayor, City of Hartford; Chairperson, Review Panel, City of Hartford; Review Panel, City of Hartford; Thomas Deller, Director, Hartford Development Services, City of Hartford; and City of Hartford |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Paul Baer v. Samuel Stilwell, Chairman, Water Pollution Control Authority, Town of Thompson; Water Pollution Control Authority, Town of Thompson; and Town of Thompson |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Jean Gonzalez 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.
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Jon Wilson v. President, Stony Creek Association; and Stony Creek Association |
The Commissioners voted, 5-0, to adopt the Hearing Officer’s Report. Commissioner Hankins recused himself from this matter.
The Commissioners voted, 5-0, to deny a Motion for Reconsideration dated June 26, 2015 filed by Marissa Lowthert in Marissa Lowthert v. Bruce Hampson, Chairman, Miller Driscoll Building Committee, Town of Wilton; and Miller Driscoll Building Committee, Town of Wilton, Docket #FIC 2014-444. Commissioner Shaw did not participate in this matter.
The Commissioners voted, 5-0, to deny a Motion for Reconsideration dated June 26, 2015 filed by Marissa Lowthert in Marissa Lowthert v. Warren Serenbetz, Chairman, Board of Finance, Town of Wilton; Board of Finance, Town of Wilton; and Town of Wilton, Docket #FIC 2014-497. Commissioner Shaw did not participate in this matter.
The Commissioners unanimously voted to affirm the Decision Not to Schedule in: David Godbout v. Executive Director, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-558. The proceedings were recorded digitally.
Colleen M. Murphy informed the Commissioners that no action would be required in: David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-568; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-588; David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2014-605; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-645; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-656; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-663; David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-664 and David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-665. Attorney Murphy reported that the complaints had been formally withdrawn, some as recently as the morning of the commission meeting. The proceedings were recorded digitally.
Victor R. Perpetua reported on pending litigation.
Colleen M. Murphy reported on legislation.
The meeting was adjourned at 4:58 p.m.
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Thomas A. Hennick
MINREGmeeting 07082015/tah/07092015
AMENDMENTS AND CORRECTIONS
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David Osuch v. Legal Counsel, State of Connecticut, Office of the Chief Public Defender; and State of Connecticut, Office of the Chief Public Defender |
The Hearing Officer’s Report is amended as follows:
At the hearing, the complainant stated that he wished to receive the files of the attorneys who had represented him in a habeas corpus proceeding and in the underlying criminal matter. Counsel for the respondents stated that the Commission did not have jurisdiction concerning the respondents’ adjudicative records. The hearing officer explained the relevant law to the complainant, who then stated that he understood the explanation and wished to withdraw his complaint. Following the withdrawal, the respondents indicated that [three] SOME boxes of records had been delivered to the complainant and they also scheduled a telephone conference with the complainant following the hearing to review additional voluntary disclosures.
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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 amended as follows:
16. IT IS FURTHER FOUND THAT THREE OTHER RECORDS WERE OUTSTANDING AT THE TIME OF THE HEARING IN THIS MATTER. SPECIFICALLY, IT IS FOUND THAT ARREST RECORD IDENTIFIED AS CFS# 1200372619 WAS PROVIDED TO THE COMPLAINANT AT THE HEARING ON THIS MATTER, AND THAT THE RESPONDENTS DO NOT MAINTAIN THE RECORDS RESPONSIVE TO THE COMPLAINANT’S REQUEST WITH RESPECT TO THE ARREST RECORDS IDENTIFIED AS CFS#S 1200366329 AND 1200317964.
Subsequent paragraphs are renumbered accordingly, beginning with the original #16 becoming #17 etc.
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Wolfgang Halbig v. First Selectman, Town of Newtown; Chief, Police Department, Town of Newtown; Police Department, Town of Newtown; Town of Newtown; Chair, Board of Education, Newtown Public Schools; and Board of Education, Newtown Public Schools |
The Hearing Officer’s Report is corrected as follows:
Two names in the report are misspelled and corrected throughout as follows: Officer Figol[a] and Lieutenant Sink[a]o.
12. Specifically, it is found that the respondents provided the complainant with all the records they maintain regarding the installation of the security system at the Sandy Hook Elementary School and that there are no other responsive records; that no agency of the town ordered porta potties and, consequently, there are no records related to any porta potties ordered from Chatfield Porta Potties of Southbury, Connecticut; and that there is no dash cam video for Newtown Police Officer Figol[a] because [his] HER vehicle did not have a dash cam video recorder on December 14, 2012.
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Wolfgang Halbig v. Chief, Police Department, Town of Newtown; First Selectman, Town of Newtown; Town of Newtown; Chair, Board of Education, Newtown Public Schools; and Newtown Public Schools |
The Hearing Officer’s Report is amended as follows:
15. After five and a half hours of testimony, heard over the course of two hearings, from both the complainant’s and the respondents’ witnesses, it is found THAT BY THE JUNE 3, 2015 DATE OF THE HEARING IN THIS MATTER that the complainant has been provided with all records responsive to his October 29, 2014 requests maintained by the respondents.
15. After five and a half hours of testimony, heard over the course of two hearings, from both the complainant’s and the respondents’ witnesses, it is found THAT BY THE JUNE 3, 2015 DATE OF THE HEARING IN THIS MATTER that the complainant has been provided with all records responsive to his October 29, 2014 requests maintained by the respondents.