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 August 12, 2015
     A regular meeting of the Freedom of Information Commission was held on August 12, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:18 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 Lenny T. Winkler
     Commissioner Ryan P. Barry
     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, Virginia Brown, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners voted, 6-0, to approve the minutes of the Commission’s regular meeting of July 22, 2015. Commissioner Barry abstained.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Hitley Inginac v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
David Taylor 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 Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Ira Alston v. Scott Semple, Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Ira Alston participated via speakerphone. Attorney James Neal appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Ray Rabago v. Superintendent of Schools, Winchester Public Schools; and Winchester Public Schools
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Bradshaw Smith v. Paul J. Panos, Vice-President, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
 Docket #FIC 2014-832
Bradshaw Smith v. Christina Santos, President, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools
     Bradshaw Smith appeared on his own behalf. Attorney Gary Brochu appeared on behalf of the respondents. The Commissioners unanimously voted to table the matter and return the report to
the Hearing Officer.
Linda LaCasse v. David Pinney, Chairman, Housing Authority, Town of Somers; Housing Authority, Town of Somers; and Town of Somers
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Linda LaCasse v. David Pinney, Chairman, Housing Authority, Town of Somers; Mary Lou Hastings, Robert Landry, Elly Lally, Brooke Hawkins, Fran Little, Harvey Edelstein, as members, Housing Authority, Town of Somers; and Housing Authority, Town of Somers
     The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Tracey Rupp v. Chief, Police Department, Town of Greenwich; Police Department, Town of Greenwich; and Town of Greenwich
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Ismael Bolorin v. Human Resources Division, Manchester Public Schools; and Manchester Public Schools
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
David Sherwood v. Director, Division of Planning, Department of Development Services, City of Hartford; Division of Planning, Department of Development Services, City of Hartford; and City of Hartford
    
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Colleen M. Murphy informed the Commissioners that no action would be required in:
David Godbout v. Co-Chairs, State of Connecticut, Connecticut General Assembly, Transportation Committee; and State of Connecticut, Connecticut General Assembly, Transportation Committee, Docket # FIC 2014-683; David Godbout v. Co-Chairs, State of Connecticut, Connecticut General Assembly, Higher Education Committee; and State of Connecticut, Connecticut General Assembly, Higher Education Committee, Docket # FIC 2014-686; David Godbout v. Co-Chairs, State of Connecticut, Connecticut General Assembly, Regulation and Protection Committee; and State of Connecticut, Connecticut General Assembly, Regulation and Protection Committee, Docket # FIC 2014-688; David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-689;ration of Notice of Decision Not to Schedule in David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-690; in David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-691; Consideration of Notice of Decision Not to Schedule in David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-692; David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-693; David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-694;

     David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-695;  Consideration of Notice of Decision Not to Schedule in David Godbout v. Andrea Stillman, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-696; David Godbout v. Larry Cafero, Member, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-709; David Godbout v. Christie Carpino, Dan Carter, Anthony D'Amelio, Tony Hwang, Themis Klarides, Brenda Kupchick, Craig Miner, Rose Rebimbas, and Lezlyr Zupkus, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-710; David Godbout v. Catherine Ambercrombie, Elizabeth Boukus, Michelle Cook, Patricia Dillon, Louis Esposito, Kim Fawcett, Mae Flexer, Mary Fritz, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-711; David Godbout v. Janice Giegler and  Martin Looney, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-712; David Godbout v. Craig Miner, Janice Giegler, Rosa Rebimbas, Scott Frantz, Anthony Guglielmo, John Kissel, Kevin Witkos, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-713; David Godbout v. Michael McLachlan, Dan Carter, David Scribner, Richard Smith, Bob Godfrey, Janice Geigler, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-714; David Godbout v. Michael McLachlan, David Arconti, David Scribner, John Fre, Mitch Bolinsky, Bob Godfrey, Janice Geigler, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-715; David Godbout v. Michael McLachlan, Dan Carter, Rosa Rebimbas, Scott Frantz, Anthony Guglielmo, John Kissel, Kevin Witkos, Janice Geigler, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-716; David Godbout v. Joan Hartley, Stephen Dargan, Andres Ayala, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-717; David Godbout v. Larry Cafero, Bill Aman, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-718; David Godbout v. Craig Miner, Rosa Rebimbas, Dan Carter, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-719; David Godbout v. Larry Cafero, Bill Aman, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-720.  Attorney Murphy reported that the complaints had been formally withdrawn earlier in the week. The proceedings were recorded digitally.
     Victor R. Perpetua reported on pending appeals.
     The meeting was adjourned at 2:55 p.m.
 ______________
Thomas A. Hennick
MINREGmeeting 08122015/tah/08132015
AMENDMENTS
Hitley Inginac v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Hearing Officer’s Report is amended as follows:
     14.  It is found that the safety risks discussed at paragraph 11, above, are not at issue in this case because the complainant will no longer be an inmate by the time a disclosure is ordered. If the complainant is not discharged pursuant to the schedule discussed at paragraph 10, above, [the respondents] EITHER PARTY can move to modify this decision based upon changed conditions. Section 4-181a(b), G.S. Accordingly, this decision does not adjudicate the fact situation where the disclosure of the requested records would be to an inmate at a correctional facility.
     15.  Based upon the evidence produced at the hearing and the in camera inspection, it is concluded that [the Commissioner of Correction does not have reasonable grounds to believe that disclosure of IC 2014-701-001 through IC 2014-701-154, to the complainant after he is no longer incarcerated, may result in a safety risk, within the meaning] THE APPLICABILITY of §1-210(b)(18), G.S TO THE REQUESTED RECORDS IS MOOT.
     16.  [It is therefore concluded that the respondents would violate the FOIA if they withheld the requested records after the complainant is discharged from the custody of the respondent Department.]  IT IS ALSO CONCLUDED THAT THERE ARE NO GROUNDS FOR THE IMPOSITION OF CIVIL PENALTIES.
     [17.  It is also concluded that there are no grounds for the imposition of civil penalties.]
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1.  The respondents [shall] ARE ENCOURAGED TO mail the requested records to the complainant, without charge, after July 28, 2015 at: 640 Wilson Street, Waterbury, CT