| TO: | Freedom of Information Commission |
| FROM: | Mary E. Schwind |
| RE: | Minutes of the Commission’s special meeting of December 18, 2013 |
| DATE: | December 19, 2013 |
A special meeting of the Freedom of Information Commission was held on December 18, 2013, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:17 p.m. with the following Commissioners present:
Commissioner Owen Eagan, presiding
Commissioner Matthew Streeter
Commissioner Christopher Hankins
Commissioner Michael Daly
Commissioner Lenny Winkler
Commissioner Ryan Barry
Commissioner Matthew Streeter
Commissioner Christopher Hankins
Commissioner Michael Daly
Commissioner Lenny Winkler
Commissioner Ryan Barry
Also in attendance were Colleen M. Murphy, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Gregory F. Daniels, Cindy Cannata and Mary E. Schwind.
The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of November 13, 2013.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.
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Jose Cosme v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction |
Jose Cosme participated by speakerphone. Attorney James Neil appeared on behalf of the state agency respondents. Attorney Demar Osbourne appeared on behalf of the municipal agency respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were digitally recorded.
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Fred Anderson v. Commissioner, State of Connecticut, Department of Motor Vehicles; and State of Connecticut, Department of Motor Vehicles |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Henry Gowan Dacey, Jr. v. Thomas Herrman, Member, Building Subcommittee, Board of Education, Easton Public Schools; Edward Nagy, Member, Building Subcommittee, Board of Education, Easton Public Schools; Bernard Josefsberg, Member, Building Subcommittee, Board of Education, Easton Public Schools; Adam Dunsby, Member, Building Subcommittee, Board of Education, Easton Public Schools; Margaret Sullivan, Member, Building Subcommittee, Board of Education, Easton Public Schools; Steve Rowland, Member, Building Subcommittee, Board of Education, Easton Public Schools; Andrew Kachele, Member, Building Subcommittee, Board of Education, Easton Public Schools; Daniel Underberger, Member, Building Subcommittee, Board of Education, Easton Public Schools; and Board of Education, Easton Public Schools |
Attorney Henry Zacardi appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners then unanimously voted to adopt the Hearing Officer’s Report as amended.*
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David Godbout v. Chief, Police Department, Town of East Lyme; Police Department, Town of East Lyme; Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection |
The complainant appeared on his own behalf. Assistant Attorney General Terrence O’Neill appeared on behalf of the state agency respondents. Attorney Mark Zamarka appeared on behalf of the municipal agency respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were digitally recorded.
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Ioannis Kaloidis v. Chief, Police Department, City of Waterbury; and Police Department, City of Waterbury |
Attorney Jason Lipsky appeared on behalf of the complainant. Attorney Kevin Daly appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were digitally recorded.
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John Peloso 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.
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Paul G. Littlefield v. Director, Department of Public Works, Town of Trumbull; and Department of Public Works, Town of Trumbull |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Lawrence DePillo v. Office of the Corporation Counsel, City of Waterbury; and City of Waterbury |
The complainant appeared on his own behalf. Attorney Kevin Daly appeared on behalf of the respondents. The Commissioners unanimously voted amend the Hearing Officer’s Report. The Commissioners then unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were digitally recorded.
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Paul Baer v. John Bell, Chairman, Fire Advisory Committee, Town of Thompson; and Fire Advisory Committee, Town of Thompson |
The complainant appeared on his own behalf. THE COMMISSIONERS VOTED 3-3 NOT TO ASSESS A CIVIL PENALTY IN THIS MATTER. COMMISSIONERS WINKLER, BARRY AND EAGAN VOTED FOR THE ASSESSMENT. COMMISSIONERS HANKINS, DALY, AND STREETER VOTED AGAINST THE ASSESSMENT. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were digitally recorded.
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Elizabeth Petroni v. Chairman, Board of Finance, Town of Marlborough; and Board of Finance, Town of Marlborough |
Attorney Joseph LaBella appeared on behalf of the complainant. Attorney Jonathan Chappell appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were digitally recorded.
The Commissioners unanimously voted to deny a Request for Reconsideration and Stay of the Final Decision dated November 27, 2013 in William Jenkins v. First Selectman, Town of Chaplin; and Town of Chaplin, Docket #FIC 2012-726. Attorney Dennis O’Brien appeared on behalf of the respondents in that matter.
Victor Perpetua reported on the New Britain Superior Court Memorandum of Decision on Motion to Stay in Stephen J. Sedensky III State’s Attorney for the Judicial District of Danbury v. Freedom of Information Commission et al., dated November 26, 2013.
Kathleen Ross reported on the New Britain Superior Court Memorandum of Decision in Edward Peruta, et al. v. Freedom of Information Commission et al., dated November 7, 2013.
Lisa Siegel reported on a settlement in Torrington v. FOIC, Superior Court, CV-13-6021794. The Commisioners unanimously voted to approve such settlement.
Tracie Brown reported on pending litigation in City of Norwalk v. FOIC, Superior Court, CV-13-6021841.
Victor Perpetua reported on pending appeals.
Colleen Murphy reported on staff reports.
Colleen Murphy reported on legislation.
The meeting was adjourned at 4:51 P.M.
________________
Mary E. Schwind
* See attached for amendments
minspecmeeting 121813/mes/121913
AMENDMENTS
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Henry Gowan Dacey, Jr. v. Thomas Herrman, Member, Building Subcommittee, Board of Education, Easton Public Schools; Edward Nagy, Member, Building Subcommittee, Board of Education, Easton Public Schools; Bernard Josefsberg, Member, Building Subcommittee, Board of Education, Easton Public Schools; Adam Dunsby, Member, Building Subcommittee, Board of Education, Easton Public Schools; Margaret Sullivan, Member, Building Subcommittee, Board of Education, Easton Public Schools; Steve Rowland, Member, Building Subcommittee, Board of Education, Easton Public Schools; Andrew Kachele, Member, Building Subcommittee, Board of Education, Easton Public Schools; Daniel Underberger, Member, Building Subcommittee, Board of Education, Easton Public Schools; and Board of Education, Easton Public Schools |
Paragraph 4 is amended as follows:
4. It is found that, approximately eight years ago, the Town of Easton constructed [a high] AN ELEMENTARY school. It is further found that, since the [high] ELEMENTARY school was built, there has been and continues to be a problem with the school’s heating and air conditioning systems and/or controls, commonly referred to as the building management system (“BMS”).
Paragraph 5 is amended as follows:
5. It is found that, up until June 2012, the Board of Education refused to “accept” the [high] ELEMENTARY school, meaning that it would not sign off on the construction, issue payment for certain bills incurred, and consider the building under its jurisdiction. It is further found that, once the Board of Education signed off on the [high] ELEMENTARY school, the building and its associated BMS problem became the board’s responsibility.
Paragraph 6 is amended as follows:
6. It is found that in June 2012, after the Board of Education signed off on the [high] ELEMENTARY school, the Superintendent of Schools approached Ms. Sullivan about the [high] ELEMENTARY school’s continuing BMS problem. It is found that the Superintendent is Ms. Sullivan’s direct supervisor. It is further found that the import of the conversation between the Superintendent and Ms. Sullivan was that Ms. Sullivan was charged with the task of finding a solution for the [high] ELEMENTARY school’s continuing BMS problem. It is found that Ms. Sullivan was further informed that the BMS problem should be corrected as soon as possible.
Paragraph 7 is amended as follows:
7. It is found that, subsequent to her charge, Ms. Sullivan solicited the assistance of certain individuals who she believed would have some insight into the BMS issue or would otherwise be helpful. It is found that these individuals, including Ms. Sullivan, First Selectman Herrman, Town Engineer Nagy, Dr. Daniel Underberger, the Chairman of the Board of Education, Glen Maiorano, a member of the Board of Education, as well as Steve Rowland and Andrew Kachele, two private citizens, referred to themselves as both a “study group” and a “work group.” It is found that the purpose of this group was to assess, analyze and find a solution for the [high] ELEMENTARY school’s BMS problem, and to report their progress to the Board of Education.
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Lawrence DePillo v. Office of the Corporation Counsel, City of Waterbury; and City of Waterbury |
15. It is also found that IC-2013-156-1 through IC-2013-156-87 are all records of communications transmitted in confidence between public employees in performance of their duties and a government attorney relating to legal advice. As discussed generally by the parties at the public hearing, the Waterbury Development Corporation was considering the possibility that a bird sanctuary might become the site for a public school and the Corporation Counsel was asked to consider this possibility. A few records that were attachments to a letter from the client to an attorney are records that are otherwise publicly available, such as a map (IC-2013-156-6), a record of the probate court (IC-2013-156-7), and a deed (IC-2013-156-8 to 10). However, BASED UPON THE FACTS AND CIRCUMSTANCES OF THIS CASE, these records are part of the statement of facts concerning which advice is being sought and are “inextricably linked to the giving of legal advice”. Shew v. Freedom of Information Commission, 245 Conn. 149, 162 (1998). The attorney-client privilege protects disclosures “necessary to obtain informed legal advice….” Ullmann v. State, 230 Conn. 698, 713 (1994). While the attachments are publicly available among many other records in other public agencies, there has been no disclosure of specifically which records formed the basis of the request for informed legal advice concerning a possible quiet title action.