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 22, 2012
     A regular meeting of the Freedom of Information Commission was held on August 22, 2012, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:12 p.m. with the following Commissioners present:
     Commissioner Sherman D. London, presiding
     Commissioner Norma E. Riess (participated via speakerphone)
     Commissioner Owen P. Eagan
     Commissioner Amy J. LiVolsi
     Commissioner Matthew Streeter
     Also present were staff members, Mary E. Schwind, Victor R. Perpetua, Clifton A. Leonhardt, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata and Thomas A. Hennick.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
     The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of August 8, 2012.
Umar Shahid v. Chief, Police Department, City of Norwich; and Police Department, City of Norwich
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Troy Cosentino v. Chief, Police Department, Town of Hamden; Police Department, Town of Hamden; Susan Gruen, Town Attorney, Town of Hamden; and Town of Hamden; Commissioner, State of Connecticut, Department
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Michael Edwards v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     Michael Edwards participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
 Docket #FIC 2011-513
M. Jeffry Spahr v. Board of Education, Norwalk Public Schools
     M. Jeffry Spahr appeared on his own behalf. Attorney Mark Sommaruga appeared behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report.*  The Commissioners unanimously voted to remand the matter to the Hearing Officer with instructions to review in camera documents submitted in connection with the matter for the possible release of those documents with specific redactions. A portion of the proceedings was recorded digitially.
M. Jeffry Spahr v. Director, Pupil Personnel Services, Norwalk Public Schools; and Norwalk Public Schools
     M. Jeffry Spahr appeared on his own behalf. Attorney Mark Sommaruga appeared behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Robert Ravosa v. Freedom of Information Administrator, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Donna Best v. Mayor, Town of Stratford; Director, Human Resources, Town of Stratford; and Town of Stratford
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Matthew Sorokin v. William McCue, Chairman; James Abromitias, Executive Director, Capitol City Economic Development Authority; and Capitol City Economic Development Authority
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Kevin Ziolkovski v. Commissioner, State of Connecticut, Department of Energy and Environmental Protection; and State of Connecticut, Department of Energy and Environmental Protection
     Kevin Ziolkovski appeared on his own behalf. Attorney Mary Lou Kramer appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as corrected.* The proceedings were recorded digitally.
 Docket #FIC 2012-177
Edward Tuccio v. Director, State of Connecticut, Judicial Review Council; and State of Connecticut, Judicial Review Council
     The Commissioners postponed action on the matter.
 Docket #FIC 2012-227
Edward Tuccio v. Director, State of Connecticut, Judicial Review Council; and State of Connecticut, Judicial Review Council
     The Commissioners postponed action on the matter.
Edward Tuccio v. Chief, Police Department, Town of Ridgefield; and Police Department, Town of Ridgefield
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Valicia D. Harmon reported on the New Britain Superior Court Memorandum of Decision in Connecticut Department of Emergency Services and Public Protection v. Freedom of Information Commission, et al. dated August 10, 2012.
     Paula S. Pearlman reported on the New Britain Superior Court Memorandum of Decision in Kimberly Albright-Lazzari, et al. v. Colleen Murphy, Connecticut Freedom of Information Commission (CV 115015388S); Kimberly Albright-Lazzari, et al. v. Colleen Murphy, Connecticut Freedom of Information Commission (CV 115015389S); Kimberly Albright-Lazzari, et al. v. Colleen Murphy, Connecticut Freedom of Information Commission (CV 115015455S); and Kimberly Albright v. Colleen Murphy, Connecticut Freedom of Information Commission (CV 115015473S) dated August 8, 2012. 

     The meeting was adjourned at 4:28 p.m.

________________
Thomas A. Hennick
*SEE ATTACHED FOR AMENDMENT and CORRECTION
MINREGmeeting 08222012/tah/08232012
AMENDMENT and CORRECTION
 Docket #FIC 2011-513
M. Jeffry Spahr v. Board of Education, Norwalk Public Schools
     The Hearing Officer’s Report is amended as follows:
     24. It is found that IC 2011-513 -01 through IC 2011-513-[23] 42 are 7 settlement agreements responsive to the complainant’s specific request for agreements involving out of district placements of students in Eagle Hill-Southport School.
Kevin Ziolkovski v. Commissioner, State of Connecticut, Department of Energy and Environmental Protection; and State of Connecticut, Department of Energy and Environmental Protection
     The Hearing Officer’s Report is corrected as follows:
     14. Given the findings in paragraphs [11] 8 through [16] 13, and especially the complainant’s own [charcterization] characterization of his conversations with Mr. Christian in his email to Representative Ritter (paragraph [14] 11), it is found that the complainant failed to prove that his oral telephone conversations in 2010 constituted any records request. The weight of the evidence is that in 2010 the complainant was trying to determine whether the DEP had the designer consider downstream flooding impacts during the 1990’s modification, but was unable to get a clear response. It is therefore found that there was no records request prior to his first written request dated December 17, 2011.