Docket #FIC 2014-382

Paul Baer v. Sara B. Laughlin, Chairman, Board of Assessment Appeals, Town of Thompson; Board of Assessment Appeals, Town of Thompson; and Town of Thompson

     Paul Baer appeared on his own behalf.  Attorney Douglas Williams appeared on behalf of the respondents. The Commissioners voted, 4-0, to amend the Hearing Officer’s Report. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioners Shaw and Barry did not participate in this matter.

Docket #FIC 2014-450

Paul Baer v. Paul Lenky, First Selectman, Town of Thompson; Kerstin Forrester, Shaina Smith, as members, Board of Selectmen, Town of Thompson; Board of Selectmen, Town of Thompson; and Town of Thompson

     Paul Baer appeared on his own behalf. Paul Lenky and Kerstin Forrester appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioners Shaw and Barry did not participate in this matter.

Docket #FIC 2014-586

Paul Baer v. Sarah Laughlin, Chairperson, Board of Assessment Appeals, Town of Thompson; Erica Groh and Linda Jarmolowicz, as members, Board of Assessment Appeals, Town of Thompson; Board of Assessment Appeals, Town of Thompson; and Town of Thompson

     Paul Baer appeared on his own behalf.  Attorney Douglas Williams appeared on behalf of the respondents. The Commissioners voted, 4-0, to adopt the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioners Shaw and Barry did not participate in this matter.

Docket #FIC 2014-394

Walter Micowski v. Executive Director, Housing Authority, City of Meriden; and Housing Authority, City of Meriden

     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

Docket #FIC 2014-428

Eva Maldonado v. President, Board of Representatives, City of Stamford; and Board of Representatives, City of Stamford

     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.

     Mary E. Schwind and Valicia D. Harmon reported on pending appeals.

     Colleen M. Murphy reported to commissioners that the annual FOI Conference on April 10 had drawn more than 150 attendees and had, from all reports, been very well received. She asked that Commissioners recognize the efforts of Attorney Tracie Brown, Attorney Lisa Siegel, Thomas Hennick and Cindy Cannata in planning, organizing and running a successful conference.

     Colleen M. Murphy reported on legislation.

     The meeting was adjourned at 5:38 p.m.

Docket #FIC 2014-402

Ramon Lopez v. Chief, Police Department, City of Bridgeport; Police Department, City of Bridgeport; City of Bridgeport; Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

     The Hearing Officer’s Report is amended as follows:

     23. IT IS CONCLUDED THAT THE RESPONDENTS VIOLATED §1-210(a), AND 1-212 (a) G.S.  BY FAILING TO PROMPTLY PROVIDE THE COMPLAINANT WITH ALL THE NON-EXEMPT RECORDS HE REQUESTED.

     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

Docket #FIC 2014-439

Ramon Lopez v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

     The Hearing Officer’s Report is amended as follows:

     18.  Applying the legal standard set forth in the two Commissioner decisions, cited in paragraphs 11 and 12, above, it is concluded that the reasons given by the respondents at the hearing in this matter regarding disclosure of information to inmates generally, are not “pretextual,” OR “irrational[,] .” [or “unreasonable.”] 

Docket #FIC 2013-062

David Godbout v. Andrea Stillman, Member, State of Connecticut, Connecticut State Senate

     The Hearing Officer’s Report is amended as follows:

     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

     1. The respondent shall conduct a search for e-mails and other records responsive to the complainant’s request. ANY RESPONSIVE RECORDS SHALL BE PROVIDED TO THE COMPLAINANT FREE OF CHARGE.

Docket #FIC 2014-290

Mike Brodinsky v. Chairman, Public Utilities Commission, Town of Wallingford, Electric Division; and Public Utilities Commission, Town of Wallingford, Electric Division

     The Hearing Officer’s Report is amended as follows:

     13. AT THE HEARING ON THIS MATTER , THE PARTIES INFORMED THE HEARING OFFICER, AND IT IS FOUND, THAT ON DECEMBER 2, 2014, THE RESPONDENTS PROVIDED THE COMPLAINANT WITH FOUR RECORDS THAT HAD PREVIOUSLY BEEN WITHHELD.

     14. [13.] Also at the hearing on this matter, and in their brief, the respondents claimed that the information that they redacted and the records THAT WERE NOW BEING [they] withheld are permissibly exempt from disclosure pursuant to §1-210(b)(4), G.S.

     15. [14.] However, the complainant contended at the hearing, and in his brief, that the records and information are more akin to pleadings and answers in a civil action than strategy and negotiations within the meaning of §1-210(b)(4), G.S.  THE COMPLAINANT FURTHER CONTENDED THAT THE RESPONDENTS UNDULY DELAYED PROVIDING THE FOUR RECORDS MENTIONED IN PARAGRAPH 13, ABOVE, AND THEREBY VIOLATED THE PROMPTNESS PROVISIONS OF §1-210(A), G.S.

     Paragraphs 15-19 are renumbered and are now 16-20.

     21. [20.] Based upon careful review of the in camera records described in paragraph 20 [19], above, it is found that, at the time of the request, such records and information pertained to “strategy” and “negotiations” with respect to a pending claim to which the respondents were a party within the meaning of §1-210(b)(4), G.S., and that they WERE [are] permissibly exempt from mandatory disclosure pursuant to such provisions at the time of the complainant’s request. 

     22. WITH RESPECT TO THE FOUR RECORDS PROVIDED TO THE COMPLAINANT ON DECEMBER 2, 2014, AS DESCRIBED IN PARAGRAPH 13, ABOVE, IT IS FOUND, BASED ON THE FACTS AND CIRCUMSTANCES OF THIS CASE, THAT THE RESPONDENTS DID NOT UNDULY DELAY DISCLOSURE OF THOSE RECORDS.

     23. [21.] It is therefore concluded that the respondents did not violate the disclosure provisions of §§1-210(a) and 1-212(a), G.S., as alleged by the complainant.

Docket #FIC 2014-309

Joe Wojtas and the New London Day v. Information Technology Director, Town of Stonington; First Selectman, Town of Stonington; and Town of Stonington

     The order in Hearing Officer’s Report is amended as follows:

     3. Within two weeks of the date of the Notice of Final Decision in this matter, the respondents shall provide an unredacted copy of the email and cell phone messages, including the related cell phone numbers, if any, responsive to the request described in paragraph [2] 31, above, to the complainants, free of charge.

Docket #FIC 2014-382

Paul Baer v. Sara B. Laughlin, Chairman, Board of Assessment Appeals, Town of Thompson; Board of Assessment Appeals, Town of Thompson; and Town of Thompson

     The Hearing Officer’s Report is amended as follows:

     2. It is found that by e-mail dated [September] JUNE 13, 2014 the complainant appealed to this Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to file the minutes for meetings held by the respondent board between March 4, 2014 and May 7, 2014 as required by §1-225(d), G.S.  The complainant requested the imposition of civil penalties.