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 June 10, 2015
     A regular meeting of the Freedom of Information Commission was held on June 10, 2015, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:07 p.m. with the following Commissioners present:
     Commissioner Owen P. Eagan, presiding
     Commissioner Jay Shaw (participated via speakerphone)
     Commissioner Jonathan J. Einhorn
     Commissioner Matthew Streeter
     Commissioner Christopher P. Hankins
     Commissioner Lenny T. Winkler
     Commissioner Francis J. Brady

     Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Clifton A. Leonhardt, Victor R. Perpetua, Kathleen K. Ross, Lisa F. Siegel, Tracie C. Brown, 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 May 27, 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.
Tyriece Fuller v. Lieutenant J. Paul Vance, Commanding Officer, State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police; and State of Connecticut, Department of Emergency Services and Public Protection, Division of State Police
     Tyriece Fuller participated via speakerphone. The Commissioners unanimously voted to adopt the second Hearing Officer’s Report, dated June 5, 2015.  The proceedings were recorded digitally.
Marissa Lowthert v. Gary Richards, Superintendent of Schools, Wilton Public Schools; Ann Paul, Director of Special Services, Wilton Public Schools; and Wilton Public Schools
     Marissa Lowthert appeared on her own behalf. Attorney Jessica Richman Smith and Ann Paul appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners voted, 5-2, to amend the Hearing Officer’s Report a second time. Commissioners Einhorn and Winkler voted against the second amendment. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.* The proceedings were recorded digitally.
Marissa Lowthert v. Bruce Hampson, Chairman, Miller Driscoll Building Committee, Town of Wilton; and Miller Driscoll Building Committee, Town of Wilton
     Marissa Lowthert appeared on her own behalf. Attorney Patricia Sullivan and Karen Burke 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. Warren Serenbetz, Chairman, Board of Finance, Town of Wilton; Board of Finance, Town of Wilton; and Town of Wilton
     Marissa Lowthert appeared on her own behalf. Attorney Patricia Sullivan appeared on behalf of the respondents. The Commissioners unanimously voted to adopt the Hearing Officer’s Report. The proceedings were recorded digitally.
David Godbout v. Citation Hearing Office, Hartford Parking Authority; and Hartford Parking Authority
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Torrey Townsend v. Chief, Police Department, City of New Haven; Police Department, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Torrey Townsend v. Director, Department of Human Resources, City of New Haven; Department of Human Resources, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Torrey Townsend v. Chief, Police Department, City of New Haven; Police Department, City of New Haven; and City of New Haven
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
William Rousseau v. Chief, Police Department, Town of Windsor Locks; Police Department, Town of Windsor Locks; and Town of Windsor Locks
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Steven J. Ballok v. John Salvatore, Chairman, Board of Police Commissioners, Town of Monroe; and Board of Police Commissioners, Town of Monroe
     The Commissioners unanimously voted to adopt the Hearing Officer’s Report.
Sally Roberts v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to adopt the Hearing Officer’s Report as amended.*
Lara Shepard-Blue and Our Families Can't Wait v. Commissioner, State of Connecticut, Department of Developmental Services; and State of Connecticut, Department of Developmental Services
     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 matter David Godbout v. Chairman, State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-480. Attorney Murphy informed the Commissioners that the complainant had withdrawn the complaint the previous day. The proceeding was recorded digitally.
     Victor R. Perpetua and Mary E. Schwind reported on pending appeals.
     Colleen M. Murphy invited commissioners to the annual Connecticut Council of Freedom of Information meeting on June 17 and informed them that Chairman Owen Eagan would be receiving the Bice Clemow Award at the meeting.

     Colleen M. Murphy reported on legislation.
     The meeting was adjourned at 4:11 p.m.

______________
Thomas A. Hennick
MINREGmeeting 06102015/tah/06112015
AMENDMENTS
Marissa Lowthert v. Gary Richards, Superintendent of Schools, Wilton Public Schools; Ann Paul, Director of Special Services, Wilton Public Schools; and Wilton Public Schools
     The Hearing Officer’s Report is amended as follows:
     5.  By email dated and filed June 25, 2014, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by over-redacting the records, described in paragraph 2, above.  THE COMPLAINANT ALSO REQUESTED THE IMPOSITION OF CIVIL PENALTIES.
          24.  Ms. Paul testified that all of the redacted information either identifies a student or can be linked to a particular student.  It is found that the following redacted information constitutes “personally identifying information”:  the names of students, parents, and parents’ advocates, students’ dates of birth and references to their ages, grade levels, [dates of anticipated attendance at such schools,] diagnoses, and descriptions of the services to be provided.   It is further found that no consent from the parents or students was obtained for the disclosure of this information.
          32.  BASED UPON THE FINDINGS IN PARAGRAPHS 10, 14, 16 AND 17, [I]it is found that the denial of the complainant’s right to receive the records responsive to her request promptly, was without reasonable grounds.  It is found that Ms. Paul is the custodian or official directly responsible for this violation.  It is further found that Ms. Paul was provided an opportunity to be heard in accordance with §§4-176e to 4-184, G.S. 
          The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
     1. THE RESPONDENTS SHALL, FORTHWITH, PROVIDE A COPY OF THE IN CAMERA RECORDS AT ISSUE IN THIS MATTER (IC 2014-400-30 THROUGH IC 2014-400-73) TO THE COMPLAINANT, FREE OF CHARGE. 
     2.   IN COMPLYING WITH PARAGRAPH 1 OF THE ORDER, THE RESPONDENTS MAY REDACT FROM THE IN CAMERA RECORDS ONLY THOSE PORTIONS SPECIFIED IN PARAGRAPH 24, ABOVE. 
          [1]3.  Within 14 days of the Notice of Final Decision in this case, the respondent Ann Paul, shall remit a civil penalty in the amount of [$1000.00 (one thousand dollars)] $300 to the Commission.
          [2]4.  Henceforth, the respondents shall strictly comply with the requirements of the FOI Act.
Sally Roberts v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
     The Hearing Officer’s Report was amended to insert the proper respondents on the Hearing Officer’s Report. The report had listed Robert Powers, Controlled Substances Toxicology Laboratory et. al. as the respondents.