| TO: | Freedom of Information Commission |
| FROM: | Mary E. Schwind |
| RE: | Minutes of the Commission’s regular meeting of April 9, 2014 |
| DATE: | April 11, 2014 |
A regular meeting of the Freedom of Information Commission was held on April 9, 2014, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:15 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Michael Daly
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Michael Daly
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Also in attendance were Colleen Murphy, Clifton A. Leonhardt, Victor R. Perpetua, Tracie C. Brown, Kathleen K. Ross, Lisa F. Siegel, Valicia D. Harmon, Gregory F. Daniels, Cindy Cannata, and Mary E. Schwind.
The Commissioners unanimously voted to adopt the minutes of the Commission’s regular meeting of March 26, 2014.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.
The Commissioners unanimously voted to move consideration of Docket # 2013-383 and Docket# 2013-384 to the top of the agenda.
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Gaylord Salters v. Commissioner, State of Connecticut, Department of Correction, Cheshire Correctional Institution; and State of Connecticut, Department of Correction, Cheshire Correctional Institution |
The complainant appeared on his own behalf and participated via speakerphone. Attorney James Neil 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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Anne Stevenson v. Chief Public Defender, State of Connecticut, Office of the Public Defender, Division of Public Defender Services; and State of Connecticut, Office of the Public Defender, Division of Public Defender Services |
The complainant appeared on her own behalf. Assistant Attorney General Steven Strom appeared on behalf of the respondents. The Commissioners voted 5-1 to amend the Hearing Officer’s Report (Commissioner Hankins in opposition). The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were digitally recorded.
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Donald Steinbrick v. Mayor, Town of Putnam; and Town of Putnam |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
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Robert Levandowski v. Francis Armentano, Director of Community Development, Town of Granby; Office of Community Development, Town of Granby; Planning and Zoning Commission, Town of Granby; and Town of Granby |
Robert Levandowski appeared on behalf of Christie Levandowski, who is substituted as complainant upon agreement of the parties. Attorney Donald Holtman 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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Lamberto Lucarelli v. Chief, Police Department, Town of Old Saybrook; and Police Department, Town of Old Saybrook |
The complainant appeared on his own behalf. Attorney Sylvia Rutkowska 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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Rich Saluga v. Superintendant of Schools, Brookfield Public Schools; Director of Finance, Brookfield Public Schools; and Brookfield Public Schools |
The complainant appeared on his own behalf. Attorney Daniel Murphy appeared on behalf of the respondents. The Commissioners voted 5-1 to adopt the Hearing Officer’s Report (Commissioner Hankins recused himself from participating in this matter). The proceedings were digitally recorded.
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John Llewellyn v. Superintendent of Schools, Fairfield Public Schools; Director of Finance & Business Services, Fairfield Public Schools; and Board of Education, Fairfield Public Schools |
The complainant appeared on his own behalf. Attorney Joshua Wyatt appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioner’s unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were digitally recorded.
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Docket #FIC 2013-345 |
Priscilla Dickman v. Director, State of Connecticut, Health Affairs Planning, Department of Community Medicine and Health Care, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center |
The Commission took no action on this matter, which was postponed for consideration at a subsequent meeting.
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Ronald Prisley v. Executive Director, State of Connecticut, Judicial Review Council; and State of Connecticut Judicial Review Council |
The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were digitally recorded.
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John Mosby v. Board of Directors, NEON Inc.; and NEON Inc. |
The complainant appeared on his own behalf. 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.* The proceedings were digitally recorded.
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John Mosby v. Chairman, Board of Education, Norwalk Public Schools; and Board of Education, Norwalk Public Schools |
The complainant appeared on his own behalf. 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* The proceedings were digitally recorded.
The Commissioners unanimously voted to affirm the decisions not to schedule hearings in the following matters:
David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2013-301.
David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection, Docket # FIC 2013-315.
David Godbout v. State of Connecticut, Connecticut General Assembly, Government Administration and Elections Committee, Docket # FIC 2013-302.
The Commission postponed discussion of the Supreme Court decision in Commissioner of Public Health v. Freedom of Information Commission et al., SC 19046, officially released March 25, 2014, until the next meeting.
Colleen Murphy reported on pending appeals.
Colleen Murphy reported on staff reports.
Colleen Murphy reported on legislation.
The meeting was adjourned at 5:16 P.M.
__________________
Mary E. Schwind
* See attached for amendments
MINREGmeeting 04092014/mes/04/11/2014
AMENDMENTS
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Anne Stevenson v. Chief Public Defender, State of Connecticut, Office of the Public Defender, Division of Public Defender Services; and State of Connecticut, Office of the Public Defender, Division of Public Defender Services |
Paragraph 52 of the Hearing Officer’s Report is amended as follows:
52. UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE, [I]it is therefore concluded that the respondents violated the FOI Act by failing to provide non-exempt administrative records to the complainant.
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John Llewellyn v. Superintendent of Schools, Fairfield Public Schools; Director of Finance & Business Services, Fairfield Public Schools; and Board of Education, Fairfield Public Schools |
The Hearing Officer’s Report was amended by deleting paragraphs 22 and 36, and renumbering the remaining paragraphs accordingly.
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John Mosby v. Board of Directors, NEON Inc.; and NEON Inc. |
Paragraph 3 of the Hearing Officer’s Report is amended as follows:
3. Thereafter, in response to a notice from this Commission assigning an ombudsman to the case, the complainant filed another appeal. This subsequent appeal was treated as an AMENDMENT [amended] to the original appeal dated May 9, 2013, see ¶ 2, above, and given the same docket number. Accordingly, by letter dated September 6, 2013 and filed September 6, 2013, the complainant appealed to the Commission, alleging that the respondents violated the FOI Act in the following ways:
a. By denying his request for copies of bank statements and outstanding checks related to an $800,000 item mentioned in a state audit report;
b. By denying his request for copies of records concerning the salary and benefit information for the top earners at “Ben Franklin Nath Ely School,” and
c. By denying his request for copies of state audit reports from 2011, 2012, and 2013.
b. By denying his request for copies of records concerning the salary and benefit information for the top earners at “Ben Franklin Nath Ely School,” and
c. By denying his request for copies of state audit reports from 2011, 2012, and 2013.
Paragraph 17 of the Hearing Officer’s Report is amended as follows:
17. It is concluded that the respondents are not required to create records in response to FOI requests, AND THEREFORE THEY DID NOT VIOLATE THE FOI ACT AS ALLEGED IN PARAGRAPH 3.A, ABOVE.
The Hearing Officer’s Report is amended by adding a new paragraph 25, as follows:
25. ACCORDINGLY, IT IS CONCLUDED THAT THE RESPONDENTS DID NOT VIOLATE THE FOI ACT AS ALLEGED IN PARAGRAPH 2.B, ABOVE.
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John Mosby v. Chairman, Board of Education, Norwalk Public Schools; and Board of Education, Norwalk Public Schools |
Paragraph 15 of the Hearing Officer’s Report is amended as follows:
15. It is found that the Board of Education moved into executive session at the MAY [April] 7, 2013 meeting to discuss the status of the collective bargaining with regard to the Nurses’ and the Custodians’ contracts.
Paragraph 17 of the Hearing Officer’s Report is amended as follows:
17. It is further found that the Board of Education voted to approve the Nurses’ contract and the Custodians’ contract in the public portion of the MAY [April] 7, 2013 meeting.
Paragraph 18 of the Hearing Officer’s Report is amended as follows:
18. It is further found that, while the Board of Education voted to approve the contracts in the public portion of the MAY [April] 7, 2013 meeting, there was no final written versions of the contracts at such time. In this regard, it is found that, during the MAY [April] 7, 2013 meeting, the Board of Education was working with hard copies of the previous year’s contracts and was modifying certain aspects of those contacts in order to finalize new contracts, which would run through 2016. It is found that it was not until after the MAY [April] 7, 2013 meeting that the previous year’s contacts were updated with the provisions agreed upon during the MAY [April] 7, 2013 meeting, and written contracts memorializing the new terms were committed to writing.
Paragraph 19 of the Hearing Officer’s Report is amended as follows:
19. It is therefore found that, at the time of the MAY [April] 7, 2013 meeting, there were no hardcopy versions of the new contracts to provide to the public.