| TO: | Freedom of Information Commission |
| FROM: | Thomas A. Hennick |
| RE: | Minutes of the Commission’s regular meeting of September 24, 2015 |
A regular meeting of the Freedom of Information Commission was held on September 24, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:08 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Francis J. Brady
Commissioner Jay Shaw (participated via speakerphone)
Commissioner Christopher P. Hankins
Commissioner Michael C. Daly
Commissioner Francis J. Brady
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Virginia Brown, Cindy Cannata, and Thomas A. Hennick.
The Commissioners voted, 4-0, to approve the minutes of the Commission’s regular meeting of September 9, 2015. Commissioner Daly 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.
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Andre Gill v. Dora B. Schriro, Commissioner, State of Connecticut, Department of Emergency Services and Public Protection, Division of Scientific Services; and State of Connecticut, Department of Emergency Services and Public Protection, Division of Scientific Services |
Andre Gill participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Andre Gill v. James R. Gill, Chief Medical Examiner, State of Connecticut, Office of the Chief Medical Examiner; and State of Connecticut, Office of the Chief Medical Examiner |
Andre Gill participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
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Bradshaw Smith v. Craig Cook, Superintendent of Schools, Windsor Public Schools; Ronald Eleveld, Michaela Fissel, Darleen Klase, Leonard Lockhart, Richard O'Reilly, Paul Panos, Melissa Rizzo Holmes, Cristina Santos, Kenneth Williams, as members, 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 voted, 4-0, to amend the Hearing Officer’s Report. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report as amended.* Commissioner Brady recused himself from the matter. The proceedings were recorded digitally.
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Jonathan LaFrance v. Principal, Frenchtown Elementary School, Trumbull Public Schools; and Trumbull Public Schools |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Arthur Smith v. Town Clerk, Town of Mansfield; and Town of Mansfield |
Arthur Smith appeared on his own behalf. Attorney James Welsh appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Marie Geelan v. Commissioner, State of Connecticut, Department of Rehabilitation Services; and State of Connecticut, Department of Rehabilitation Services |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Dawn Fortunato v. Chairman, Board of Commissioners, Housing Authority, Town of Greenwich; Board of Commissioners, Housing Authority, Town of Greenwich; and Town of Greenwich |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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A. Paul Spinella v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
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Kenneth Krayeske v. President, Court of Common Council, City of Hartford; Court of Common Council, City of Hartford; and City of Hartford |
Kenneth Krayeske appeared on his own behalf. Attorney Cynthia Lauture appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Mark Dumas v. Joseph Kubic, Chairman, Town Council, Town of Stratford; Town Council, Town of Stratford; and Town of Stratford |
Mark Dumas appeared on his own behalf. Attorney Bryan LeClerc appeared on behalf of the respondents. The Commissioners unanimously voted to deny a motion to remand the matter to the Hearing Officer. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Mark Dumas v. Chariman, Town Council, Town of Stratford; Town Council, Town of Stratford; and Town of Stratford |
Mark Dumas appeared on his own behalf. Attorney Bryan LeClerc appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
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Douglas Gilmore v. Chief, Police Department, Town of Stratford; Police Department, Town of Stratford; and Town of Stratford |
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Colleen M. Murphy told the Commissioners that no action would be required in: David Godbout v. Tony Hwang and Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-767; David Godbout v. Richard Smith and Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-768; David Godbout v. Kim Fawcett, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-772;
David Godbout v. Robert Kane, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-773; David Godbout v. Joe Welch, Prasad Srinivasan, Brenda Kupchcik, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-776; David Godbout v. Rob Sampson, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-777; David Godbout v. Sean Williams, Bill Aman, Joe Markley, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-778; David Godbout v. Sean Williams, Scott Frantz, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-779; David Godbout v. Len Fasano, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-780; David Godbout v. Scott Frantz, Sean Williams, John McKinney, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-784; David Godbout v. Kevin Kelly, Bob Sampson, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-785; David Godbout v. Bill Aman, Sean Williams, Joe Markley, Brenda Kupchchik, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-786; David Godbout v. Representatives Ackert, Alberts, Aman, Bacchiochi, Belsito, Betts, Bolinsky, Cafero, Buck-Taylor, Camillo, Kandelora, Carpino, Carter, Case, D'Amelio, Davis, Floren, Frey, Giegler, Guiliano, Hovey, Hwang, Klarides, Kokoruda, Kupchick, Labriola, Lavielle, LeGeyt, McGorty, Miller, Miner, Molgano, Noujaim, O'Dea, O'Neill, Perillo, Piscopo, Rebimbas, Rutigliano, Sampson, Sawyer, Scribner, Shaban, Simanski, Smith, Srinivasan, Walko, Williams, Wood, Yaccarino, Ziobron, Zupkus, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-787; David Godbout v. Brenda Kupchick, Marilyn Giuliano, Christie Carpino, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-788; in David Godbout v. Tim Ackert, Mike Alberts, Bill Aman, Penny Bacchiochi, Sam Belsito, Whit Betts, Mitch Bolinsky, Larry Cafero, Cevilia Buck-Taylor, Fred Camillo, Vin Candelora, Christie Carpino, Dan Carter, Jay Case, Anthony D'Amelio, Christopher Davis, Livvy Floren, John Frey, Janice Giegler, Maryln Giuliano, DebraLee Hovey, Tony Hwang, Themis Klarides, Noreen Kokoruda, Brenda Kupchick, David Labriola, Gail Lavielle, Tim LeGeyt, Ben McGorty, Larry Miller, Craig Miner, Mike Molgano, Selim Noujaim, Tom O'Dea, Arthur O'Neill, Jason Perillo, John Piscopo, Rosa Rebimbas, Dave Rutigliano, Rob Sampson, Pam Sawyer, David Scribner, John Shaban, Bill Simanski, Rich Smith, Prasad Srinivasan, Steven Walko, Sean Williams, Terrie Wood, David Yaccarino, Melissa Ziobron, and Lezlye Zupkus, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-798; David Godbout v. Janice Geigler, Robert Simpson, Lezlye Zupkus, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-799; David Godbout v. Len Fasano, Brenda Kupchick, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-800; David Godbout v. Lezlye Zupkus, Christine Ayala, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-801; David Godbout v. Lezlye Zupkus, Rep. Buck-Taylor, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-802; David Godbout v. Lezlye Zupkus, Gail Lavielle, Anthony D'Amelio, Fred Camillo, Selim Noujaim, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-803; David Godbout v. Lezlye Zupkus, Gail Lavielle, Anthony D'Amelio, Fred Camillo, Selim Noujaim, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-804; David Godbout v. Lezlye Zupkus, Gail Lavielle, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-805; David Godbout v. Lezlye Zupkus, Gail Lavielle, Henry Genga, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-806; David Godbout v. Lezlye Zupkus, Janice Giegler, Robert Simpson, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-807; David Godbout v. Lezlye Zupkus, Gail Lavielle, Anthony D'Amelio, Fred Camillo, Selim Noujaim, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-809; David Godbout v. Lezlye Zupkus, Janice Giegler, Anthony D'Amelio, Tony Hwang, Brenda Kupchick, Dave Yaccarino, Anthony Guglielmo, Members, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-810. Colleen Murphy reported that the complainant had withdrawn all the complaints the previous day. The proceedings were recorded digitally.
Valicia D. Harmon reported on the Supreme Court decision in Freedom of Information Officer, Department of Mental Health and Addiction Services et al. v. Freedom of Information Commission, et al., (SC 19371), officially released September 22, 2015.
Colleen M. Murphy reminded Commissioners that the Connecticut Foundation for Open Government is planning a celebration of the 40th anniversary of Freedom of Information in Connecticut on October 22, 2105.
Victor R. Perpetua reported on pending appeals.
The meeting was adjourned at 3:37 p.m.
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Thomas A. Hennick
MINREGmeeting 09242015/tah/09252015
AMENDMENTS
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Bradshaw Smith v. Craig Cook, Superintendent of Schools, Windsor Public Schools; Ronald Eleveld, Michaela Fissel, Darleen Klase, Leonard Lockhart, Richard O'Reilly, Paul Panos, Melissa Rizzo Holmes, Cristina Santos, Kenneth Williams, as members, Board of Education, Windsor Public Schools; and Board of Education, Windsor Public Schools |
The Hearing Officer’s Report is amended as follows:
14. THE COMMISSION DECLINES TO IMPOSE CIVIL PENALTIES AS REQUESTED BY THE COMPLAINANT.
[14. Regarding the complainant’s request for the imposition of a civil penalty, §1-206(b)(2), G.S., provides, in relevant part that:
…upon the finding that a denial of any right created by the Freedom of Information Act was without reasonable grounds and after the custodian or other official directly responsible for the denial has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the commission may, in its discretion, impose against the custodian or other official a civil penalty of not less than twenty dollars nor more than one thousand dollars.
15. It is found that all members of the respondent board named in the complaint (i.e., Eleveld, Fissel, Klause, Lockhart, O’Reilly, Panos, Rizzo Holmes, and Williams), are directly responsible for the denial of the public’s right to be fairly apprised of the matter that was taken up at the October 21, 2014 meeting. Based upon the Commission’s previous decisions, cited in paragraphs 5 and 6, above, from which the requirements of the FOI Act with regard to the specificity of agendas are clear, it is concluded that the denial was without reasonable grounds. The individual members of the respondent board were afforded the opportunity to be present and heard at the hearing in this matter, however, no member appeared at such hearing. ]
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
[1. Within 14 days of the Notice of Final Decision in this case, the respondent board members Eleveld, Fissel, Klause, Lockhart, O’Reilly, Panos, Rizzo Holmes, and Williams, shall remit a civil penalty in the total amount of $100.00 (one hundred dollars) to the Commission.]
[1. Within 14 days of the Notice of Final Decision in this case, the respondent board members Eleveld, Fissel, Klause, Lockhart, O’Reilly, Panos, Rizzo Holmes, and Williams, shall remit a civil penalty in the total amount of $100.00 (one hundred dollars) to the Commission.]
[2] 1. Henceforth, the respondents shall strictly comply with the requirements of §1-225(c), G.S.