TO:	Freedom of Information Commission
FROM:	Mary E. Schwind
RE:	Minutes of the Commission’s regular meeting of June 27, 2012
DATE:	June 28, 2012

     A regular meeting of the Freedom of Information Commission was held on June 27, 2012, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m. with the following Commissioners present:

     Commissioner Norma E. Riess, presiding
     Commissioner Sherman D. London
     Commissioner Owen P. Eagan
     Commissioner Amy J. LiVolsi
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Sean K. McElligott
     Commissioner Matthew Streeter                                  

     Also present were staff members Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Tracie C. Brown, Clifton A. Leonhardt, Lisa F. Siegel, Kathleen K. Ross, Valicia D. Harmon, Paula S. Pearlman, and Cindy Cannata.            

     The Commissioners unanimously voted to amend the minutes of the Commission’s regular meeting of June 13, 2012.  The Commissioners then unanimously voted to adopt such minutes as amended.* 

     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.

     Terry Wright appeared on his own behalf. Attorney Jessica Ritter appeared on behalf of the [respodnents] RESPONDENTS. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.   The proceedings were recorded digitally.

     With respect to the paragraph regarding Docket #FIC2011-370, the following amendment and correction:

Docket #FIC 2011-370

Elisabeth Seieroe Maurer v. Office of Corporation Counsel, City of Danbury; and City of Danbury

     Elisabeth Seieroe Maurer appeared on her own behalf. Attorney Johanna Zelman appeared on behalf of the respondents. Attorney Eric Chester appeared on behalf of the intervenor Danbury Firefighters Union, Local 801. Kenneth Ackell, an intervenor, appeared on his own behalf. The Commissioners voted, 6-0, to amend the Hearing Officer’s Report. The Commissioners voted, 6-0, to adopt the Hearing Officer’s Report as amended.*  [The proceedings were recorded digitally.]  Commissioner Shaw did not participate in this matter. Commissioner London askED that the record reflect the stellar effort by Attorney Paula S. Pearlman in reviewing numerous in camera records in connection with this matter.

Docket #FIC 2011-418

Tyron Wiggins v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction

The Hearing Officer’s Report is amended by adding a new paragraph 4, and renumbering the remaining paragraphs as follows:

     4.  BY LETTER DATED AUGUST 11, 2011 AND FILED ON AUGUST 12, 2011, THE COMPLAINANT APPEALED TO THIS COMMISSION, ALLEGING THAT THE RESPONDENTS VIOLATED THE FREEDOM OF INFORMATION (“FOI”) ACT BY FAILING TO COMPLY WITH HIS REQUEST.

     5. [4.] Section 1-200(5), G.S., provides:

"Public records or files " means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

     6.  [5.] Section 1-210(a), G.S., provides in relevant part that:

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.

     7.  [6.] Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”

     8.  [7.] It is found that the requested records, to the extent they exist, are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.

     9.  [8.] Notwithstanding the respondents’ July 11, 2011 response, it is found that the complainant was provided with the requested records; however, two pages were missing as a result of a photocopying error.

     10.  [9.] It is found that there are no pictures responsive to the complainant’s request. 

     11.  [10.] At the hearing on this matter, the respondents assured the complainant that the two missing pages would be provided to him by that afternoon.

     12.  [11.] Based on the facts and circumstances of this case, it is found that the respondents did not violate the FOI Act as alleged by the complainant.

Docket #FIC 2011-447

Michael Place v. Chief, Police Department, Town of Putnam; and Police Department, Town of Putnam

Paragraph 10 of the Hearing Officer’s Report is corrected as follows:

     10.  At the hearing in this matter, the complainant testified that he was missing: a) an initial report from a certain sergeant; b) a copy of an e-mail and attached photographs sent by a detective; and c) records of local phone calls on July 17 and 18, 2008 [2011].

Docket #FIC 2011-491

Salvatore Gabriele v. Board of Representatives, City of Stamford; and City of Stamford

Paragraph 7 of the Hearing Officer’s Report is amended as follows:

     7. It is found that the six leadership members apparently agreed with the PRESIDENT [Director], and affixed their signatures to the letter. Although the decision to sign the letter was reached on August 15, the letter was not physically executed until the following day.