TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of September 13, 2017
A regular meeting of the Freedom of Information Commission was held on September 13, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:11 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Matthew Streeter
Commissioner Jonathan J. Einhorn
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
A regular meeting of the Freedom of Information Commission was held on September 13, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:11 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Matthew Streeter
Commissioner Jonathan J. Einhorn
Commissioner Michael C. Daly
Commissioner Lenny T. Winkler
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners unanimously voted to approve the Commission’s regular meeting minutes of August 23, 2017.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Docket #FIC 2016-0693 Bobby Nealy v. Jeffry W. Cossette, Chief, Police
Department, City of Meriden; Police Department, City of Meriden; and City of Meriden
Bobby Nealy participated via speakerphone. 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.
Docket #FIC 2016-0693 Bobby Nealy v. Jeffry W. Cossette, Chief, Police
Department, City of Meriden; Police Department, City of Meriden; and City of Meriden
Bobby Nealy participated via speakerphone. 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.
Docket #FIC 2016-0725 Luis Salaman v. Anthony Campbell, Acting Chief, Police
Department, City of New Haven; Police Department, City of New Haven; Commissioner, State of Connecticut, Department
of Correction; and State of Connecticut, Department of Correction
Department, City of New Haven; Police Department, City of New Haven; 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.
Docket #FIC 2016-0766 Juan Maldonado v. Commissioner, State of Connecticut,
Department of Correction; and State of Connecticut, Department of Correction
Docket #FIC 2016-0766 Juan Maldonado 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.
Docket #FIC 2016-0768 Tyronne Pierce v. Mayor, City of Hartford; and City of Hartford
Tyronne Pierce participated via speakerphone.
The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2016-0784 Ralph Mcllelan v. Commissioner, State of Connecticut,
Department of Correction; and State of Connecticut, Department of Correction
Ralph Mcllelan participated via speakerphone. Attorney Nancy Kase O’Brasky appeared on
behalf of the respondents.
Department of Correction; and State of Connecticut, Department of Correction
Ralph Mcllelan participated via speakerphone. Attorney Nancy Kase O’Brasky appeared on
behalf of the respondents.
The Commissioners unanimously voted to adopt the Hearing Officer’s
Report. The proceedings were recorded digitally.
Report. The proceedings were recorded digitally.
Docket #FIC 2016-0687 Chris Chappell v. Chief, Police Department, Town of West
Hartford; Police Department, Town of West Hartford; and Town of West Hartford
Chris Chappell appeared on his own behalf. Attorney Garmon Newson appeared on behalf
of the respondents.
Hartford; Police Department, Town of West Hartford; and Town of West Hartford
Chris Chappell appeared on his own behalf. Attorney Garmon Newson appeared on behalf
of the respondents.
The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report.
Commissioner Eagan recused himself from the matter.
The proceedings were recorded digitally.
Commissioner Eagan recused himself from the matter.
The proceedings were recorded digitally.
Docket #FIC 2016-0696 Robert Cushman v. Chief, Police Department, City of
Hartford; Police Department, City of Hartford; and City of Hartford
Hartford; Police Department, City of Hartford; and City of Hartford
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0700 Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
Docket #FIC 2016-0700 Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
The Commissioners unanimously voted to consolidate this matter with the next two agenda
items. The Commissioners unanimously voted to amend the Hearing Officer’s Report.
The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Docket #FIC 2016-0738 Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
items. The Commissioners unanimously voted to amend the Hearing Officer’s Report.
The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Docket #FIC 2016-0738 Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
The Commissioners unanimously voted to amend the Hearing Officer’s Report. The
Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Docket #FIC 2016-0863 Alexander Wood, Will Healey, Doreen Guarino and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
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 Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Docket #FIC 2016-0750 Steven Edelman v. Bruce Silva, Superintendent of Schools,
Regional School District 19; and Regional School District 19
Steven Edelman appeared on his own behalf. Attorney Johanna Zelman appeared on behalf
of the respondents.
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Docket #FIC 2016-0814 Claire Bessette and the New London Day v. Chairman,
Board of Directors, Connecticut Municipal Electric Energy Cooperative;
and Board of Directors, Connecticut Municipal Electric Energy Cooperative
Claire Bessette appeared on behalf of the complainants.
Board of Directors, Connecticut Municipal Electric Energy Cooperative;
and Board of Directors, Connecticut Municipal Electric Energy Cooperative
Claire Bessette appeared on behalf of the complainants.
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.
The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
The proceedings were recorded digitally.
Docket #FIC 2017-0138 Charles Cornelius v. Commissioner, State of
Connecticut, Department of Correction; State of Connecticut, Department of Correction; 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
Connecticut, Department of Correction; State of Connecticut, Department of Correction; 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.
The Commissioners unanimously voted to affirm the Executive Director’s decision not to schedule in Halina Trelski v. Chairman, State of Connecticut, Board of Regents, Connecticut State Colleges and Universities; and State of Connecticut, Board of Regents, Connecticut State Colleges and Universities; Docket # FIC 2016-0737; Halina Trelski v. President, State of Connecticut, Middlesex Community College; and State of Connecticut, Middlesex Community College, and Docket # FIC 2016-0792 Halina Trelski v. President, State of Connecticut, Middlesex Community College; and State of Connecticut, Middlesex Community College, Docket # FIC 2017-0087. The matters were recorded digitally.
Victor R. Perpetua and Colleen M. Murphy reported on pending appeals.
The meeting was adjourned at 3:44 p.m.
______________
Thomas A. Hennick
MINREGmeeting 09132017/tah/09142017
* See Attached for Amendments
AMENDMENTS
Docket #FIC 2016-0693 Bobby Nealy v. Jeffry W. Cossette, Chief, Police
Department, City of Meriden; Police Department, City of Meriden; and City of Meriden
The Hearing Officer’s Report is amended as follows:
11. It is found that the additional records sought by the complainant, as described in paragraph 7, above, if they exist, are not contained in the case file searched by the respondents, which contains records in Case No. 14-002705 as identified by the complainant, that pertain to the complainant’s arrest. It is found that the respondents were [not] unreasonable in limiting their search to the case file, particularly in light of the conversations they had with the complainant.
[12. It is therefore concluded that the respondents did not violate the FOI Act as alleged.]
12. [13.] [Nonetheless, at] AT the hearing in this matter, the respondents agreed to conduct an additional search directed to the Meriden Police Crime Suppression Unit for the records described in paragraph 7, above, and to provide any non-exempt records found to the complainant. The respondents also agreed that, if no records were found, that they would provide the complainant with an affidavit attesting to their search.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1.[The complaint is dismissed.] THE RESPONDENTS SHALL, FORTHWITH,
CONDUCT A DEPARTMENT-WIDE SEARCH FOR THE REQUESTED RECORDS AND PROVIDE ANY SUCH RECORDS TO THE COMPLAINANT, AND, IF NO RECORDS ARE FOUND, THE RESPONDENTS WILL PROVIDE THE COMPLAINANT WITH AN AFFIDAVIT ATTESTING TO THEIR SEARCH.
CONDUCT A DEPARTMENT-WIDE SEARCH FOR THE REQUESTED RECORDS AND PROVIDE ANY SUCH RECORDS TO THE COMPLAINANT, AND, IF NO RECORDS ARE FOUND, THE RESPONDENTS WILL PROVIDE THE COMPLAINANT WITH AN AFFIDAVIT ATTESTING TO THEIR SEARCH.
Docket #FIC 2016-0700 Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
The Hearing Officer’s Report is amended as follows:
6.It is found that, at all times relevant to this matter, the respondent town was contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”) to insure its interest. It is found that the respondent town became a party defendant in a federal lawsuit alleging excessive use of force by its police officers. [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases. It is found that after the town council voted to consent to CIRMA settling the cases, CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.] IT IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N. TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES. IT IS FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA SETTLING THE CASES.
Docket #FIC 2016-0738 Alex Wood, Doreen Guarino, Will Healey and the
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
The Hearing Officer’s Report is amended as follows:
Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
The Hearing Officer’s Report is amended as follows:
6. It is found that, at all times relevant to this matter, the respondent town was contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”) to insure its interest. It is found that the respondent town became a party defendant in a federal lawsuit alleging excessive use of force by its police officers. [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases. It is found that after the town council voted to consent to CIRMA settling the cases, CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.] IT IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N. TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES. IT IS FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA SETTLING THE CASES.
Docket #FIC 2016-0863 Alexander Wood, Will Healey, Doreen Guarino
and the Manchester Journal Inquirer v. Town Manager, Town of Enfield; and Town of Enfield
The Hearing Officer’s Report is amended as follows:
6. It is found that, at all times relevant to this matter, the respondent town was contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”) to insure its interest. It is found that the respondent town became a party defendant in a
federal lawsuit alleging excessive use of force by its police officers. [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases. It is found that after the town council voted to consent to CIRMA settling the cases, CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.] IT IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N. TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES. IT IS
FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA
SETTLING THE CASES.
Docket #FIC 2016-0814 Claire Bessette and the New London Day v. Chairman,
Board of Directors, Connecticut Municipal Electric Energy Cooperative; and Board of Directors, Connecticut Municipal Electric Energy Cooperative
6. It is found that, at all times relevant to this matter, the respondent town was contracted with the Connecticut Interlocal Risk Management Agency (hereinafter “CIRMA”) to insure its interest. It is found that the respondent town became a party defendant in a
federal lawsuit alleging excessive use of force by its police officers. [It is found that CIRMA assessed the risk and advised that the respondent town should attempt to settle the cases. It is found that after the town council voted to consent to CIRMA settling the cases, CIRMA retained and/or appointed James N. Tallberg, a private attorney, as counsel for the cases.] IT IS FOUND THAT CIRMA RETAINED AND/OR APPOINTED JAMES N. TALLBERG, A PRIVATE ATTORNEY, AS COUNSEL FOR THE CASES. IT IS
FOUND THAT CIRMA AND ATTORNEY TALLBERG ASSESSED THE RISK AND ADVISED THAT THE RESPONDENT TOWN ATTEMPT TO SETTLE THE CASES AFTER WHICH THE TOWN COUNCIL VOTED TO CONSENT TO CIRMA
SETTLING THE CASES.
Docket #FIC 2016-0814 Claire Bessette and the New London Day v. Chairman,
Board of Directors, Connecticut Municipal Electric Energy Cooperative; and Board of Directors, Connecticut Municipal Electric Energy Cooperative
The order in the Hearing Officer’s Report is amended as follows:
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. [If they have not already done so,] [the] THE respondents shall forthwith provide the complainant a copy of the budget approved at their November 17, 2016 meeting, free of charge.