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 April 8, 2015
     A regular meeting of the Freedom of Information Commission was held on April 8, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:13 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Michael C. Daly
     Commissioner Francis J. Brady

     Also present were staff members, Colleen M. Murphy, Victor R. Perpetua, Clifton A. Leonhardt, Kathleen K. Ross, Tracie C. Brown, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Virginia Brown, Cindy Cannata, and Thomas A. Hennick.
     The Commissioners unanimously voted to approve the minutes of the Commission’s regular meeting of March 25, 2015.
     Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Umar Shahid v. Mayor, City of Norwich; and City of Norwich
     Umar Shahid participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
David Grant v. Chief, Police Department, City of Norwich; Police Department, City of Norwich; and City of Norwich
     David Grant participated via speakerphone. The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Craig Fishbein v. Executive Director, Wallingford Center, Inc.; and Wallingford Center, Inc.
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
David Godbout v. State of Connecticut, Department of Motor Vehicles
     Attorney Michelle Givens appeared on behalf of the respondent. 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.
Marissa Lowthert v. Gary Richards, Superintendent of Schools, Wilton Public Schools; Cheryl Jensen-Gerner, Principal, Miller Driscoll School, Wilton Public Schools; and Wilton Public Schools
     Marissa Lowthert appeared on her own behalf.  Attorney Jessica Richman Smith appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
Marissa Lowthert v. Gary Richards, Superintendent of Schools, Wilton Public Schools; Cheryl Jensen-Gerner, Principal, Miller Driscoll School, Wilton Public Schools; and Wilton Public Schools
     Marissa Lowthert appeared on her own behalf.  Attorney Jessica Richman Smith appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Daly did not participate in this matter.
Marissa Lowthert v. Gary Richards, Superintendent of Schools, Wilton Public Schools; and Wilton Public Schools
     Marissa Lowthert appeared on her own behalf.  Attorney Jessica Richman Smith appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Daly did not participate in this matter.
Robert Cushman v. Chief, Police Department, Town of Manchester; Police Department, Town of Manchester; and Town of Manchester
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Seth Wolfe v. Chief, Police Department, Town of Clinton; Chairman, Board of Police Commissioners, Town of Clinton; Police Department, Town of Clinton; and Town of Clinton
     Seth Wolfe appeared on his own behalf. Attorney John Bennett appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Daly did not participate in this matter.
Seth Wolfe v. Chief, Police Department, Town of Clinton; Police Department, Town of Clinton; and Town of Clinton
     Seth Wolfe appeared on his own behalf. Attorney John Bennett appeared on behalf of  the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Daly did not participate in this matter.
Ethan Fry and the Valley Independent Sentinel v. Mayor, Town of Ansonia; and Town of Ansonia
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
     Colleen M. Murphy informed the Commissioners that no action would be necessary in the following matters: David Godbout v. Elizabeth B. Ritter, Member, State of Connecticut, House of Representatives; and State of Connecticut, House of Representatives, Docket # FIC 2014-347; David Godbout v. Juan Candelaria, Member, State of Connecticut, House of Representatives; and State of Connecticut, House of Representatives, Docket # FIC 2014-348;  David Godbout v. Toni E. Walker, Member, State of Connecticut, House of Representatives; and State of Connecticut, House of Representatives, Docket # FIC 2014-349; David Godbout v. John McKinney, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate, Docket # FIC 2014-353; David Godbout v. John McKinney, Member, State of Connecticut, State Senate; and State of Connecticut, State Senate, Docket #FIC 2014-355; David Godbout v. Joe Aresimowicz, Member, State of Connecticut, House of Representatives; and State of Connecticut, House of Representatives, Docket # FIC 2014-378.  Attorney Murphy informed the Commissioners that the complainant had withdrawn all six complaints. The proceedings were recorded digitally.

     The Commissioners voted, 4-0, to affirm the Decision Not to Schedule in Seth Wolfe v. Chief, Police Department, Town of Clinton; and Police Department, Town of Clinton, Docket # FIC 2014-412 and Seth Wolfe v. Chief, Police Department, Town of Clinton; and Police Department, Town of Clinton, Docket # FIC 2014-413. Commissioner Daly did not participate in this matter.
     The Commissioners voted, 4-0, to appoint MaryAnn Stratton as Acting Clerk of the Commission.  Commissioner Daly did not participate in this matter.
     Clifton A. Leonhardt reported on the Appellate Court decision in Roger Emerick v. Freedom of Information Commisison, et al., released March 31, 2015.
     Clifton A. Leonhardt reported on the Supreme Court decision in Planning and Zoning Commission of the Town of Monroe et al. v. Freedom of Information Commission et al., released March 24, 2015.
     Victor R. Perpetua reported on pending appeals.
 
     Colleen M. Murphy reported that Chairman Eagan had been confirmed by the State Senate for another four-year term. 
     Colleen M. Murphy reminded commissioners that the annual FOI Conference is scheduled for April 10 at the Riverhouse at Goodspeed Station in Haddam.
     Colleen M. Murphy and Paula S. Pearlman reported on legislation.
          The meeting was adjourned at 4:38 p.m.

 ______________
Thomas A. Hennick

MINREGmeeting 04082015/tah/04092015
AMENDMENT
David Godbout v. State of Connecticut, Department of Motor Vehicles
     The Hearing Officer’s Report is amended as follows:
     The above-captioned matter was heard as a contested case on March 16, 2015, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.
     [After consideration of the entire record, the following facts are found and conclusions of law are reached:]

     Paragraphs 1-23 are deleted.
     A PROPOSED FINAL DECISION UNFAVORABLE TO THE COMPLAINANT AND DISMISSING THE COMPLAINT WAS ISSUED TO THE PARTIES ON MARCH 27, 2015.  AFTER RECEIVING SUCH UNFAVORABLE PROPOSED FINAL DECISION, THE COMPLAINANT WITHDREW HIS COMPLAINT BY EMAIL TO THE COMMISSION DATED MARCH 31, 2015.  THE COMMISSION TAKES ADMINISTRATIVE NOTICE OF SUCH WITHDRAWAL.  THE COMMISSION ALSO TAKES ADMINISTRATIVE NOTICE OF ITS MARCH 27, 2015 PROPOSED FINAL DECISION.
     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
      1.  BASED UPON THE WITHDRAWAL OF THE COMPLAINT AFTER RECEIPT OF AN UNFAVORABLE PROPOSED FINAL DECISION, AND UPON THE FACT THAT THE COMPLAINANT RECEIVED A FULL HEARING ON THE MERITS, THE COMPLAINT IS HEREBY DISMISSED WITH PREJUDICE.