Docket #FIC 2015-115

Robert Cushman v. Chief, Police Department, Town of Plainville; Police Department, Town of Plainville; and Town of Plainville

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

Docket #FIC 2015-101

Susan Kniep v. Executive Director, East Hartford Housing Authority, Town of East Hartford; and Housing Authority, Town of East Hartford

     Susan Kniep appeared on her own behalf. Attorney Ralph Alexander appeared on behalf of the respondents. The Commissioners voted, 4-0, to return the matter to the Hearing Officer to reopen the hearing. Commissioner Shaw did not participate in this matter. The proceedings were recorded digitally.

Docket #FIC 2015-104

Franklin Farrar, Sr. v. Mayor, Town of Stratford; and Town of Stratford

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

Docket #FIC 2015-107

Jeff Cohen and WNPR v. Chief Operating Officer, City of Harford; Director of Communications, City of Hartford; and City of Hartford

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

Docket #FIC 2015-109

Barry Natale v. Commissioner, State of Connecticut, Department of Education; and State of Connecticut, Department of Education

     Barry Natale appeared on his own behalf. Attorney Walter Menjiver appeared on behalf of the respondents. The Commissioners voted, 4-0, to amend the Hearing Officer’s report. The Commissioners voted 4-0 to approve the Hearing Officer’s Report as amended.* The proceedings were recorded digitally. Commissioner Shaw did not participate in this matter.

Docket #FIC 2015-119

Frederick Lovejoy v. Tax Assessor, Town of Easton; and Town of Easton

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

Docket #FIC 2015-123

Joseph R. Sastre v. Chief Audit and Compliance Officer, Office of Audit, Compliance and Ethics, State of Connecticut, University of Connecticut; Office of Audit, Compliance and Ethics, State of Connecticut, University of Connecticut; and State of Connecticut, University of Connecticut

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

     The Commissioners unanimously voted to take administrative notice that no action would be needed in the following matters, as all had been withdrawn the previous day: David Godbout v. Representative Acker, Mike Alberts, Bill Aman, Penny Bacchiochi, Sam Belsito, Whit Betts, Mitch Bolinsky, Larry Cafero, Cecilia Buck-Taylor, Fred Camillo, Vin Candelora, Christie Carpino, Dan Carter, Jay Case, Anthony D'Amelio, Christopher Davis, Livvy Floren, John Frey, Janice Giegler, Maryln Giuliano, DebraLee Hovey, Tony Hwang, Themis Klarides, Noreen Kokoruda, Brenda Kupchick, David Labriola , Gail Lavielle, Tim LeGeyt, Ben McGorty, Larry Miller, Craig Miner, Mike Molgano, Selim Noujaim, Tom O'Dea, Arthur O'Neill, Jason Perillo, John Piscopo, Rosa Rebimbas, Dave Rutigliano, Rob Sampson, Pam Sawyer, David Scribner, John Shaban, Bill Simanski, Rich Smith, Prasad Srinivasan, Steven Walko, Sean Williams, Terrie Wood, David Yaccarino, Melissa Ziobron and Lezlye Zupkus., Docket # FIC 2014-771; David Godbout v. Representative Acker, Mike Alberts, Bill Aman, Penny Bacchiochi, Sam Belsito, Whit Betts, Mitch Bolinsky, Larry Cafero, Cecilia Buck-Taylor, Fred Camillo, Vin Candelora, Christie Carpino, Dan Carter, Jay Case, Anthony D'Amelio, Christopher Davis, Livvy Floren, John Frey, Janice Giegler, Maryln Giuliano, DebraLee Hovey, Tony Hwang, Themis Klarides, Noreen Kokoruda, Brenda Kupchick, David Labriola , Gail Lavielle, Tim LeGeyt, Ben McGorty, Larry Miller, Craig Miner, Mike Molgano, Selim Noujaim, Tom O'Dea, Arthur O'Neill, Jason Perillo, John Piscopo, Rosa Rebimbas, Dave Rutigliano, Rob Sampson, Pam Sawyer, David Scribner, John Shaban, Bill Simanski, Rich Smith, Prasad Srinivasan, Steven Walko, Sean Williams, Terrie Wood, David Yaccarino, Melissa Ziobron and Lezlye Zupkus., Docket # FIC 2014-808; 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 2014-811; 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 2014-918; David Godbout v. Elizabeth Ritter, Member, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-797; David Godbout v. Dean, University of Connecticut, School of Law, State of Connecticut, University of Connecticut; and State of Connecticut, University of Connecticut, Docket # FIC 2014-828; 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 2014-870; David Godbout v. Child Advocate, State of Connecticut, Office of the Child Advocate; and State of Connecticut, Office of the Child Advocate, Docket # FIC 2014-876; David Godbout v. Walter Young, Susan Herbst, Liz Vitullo, Jessica dePerio-Wittman, Todd Fernow, State of Connecticut, University of Connecticut; and State of Connecticut, University of Connecticut, Docket # FIC 2014-886; David Godbout v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General, Docket # FIC 2014-887; David Godbout v. Attorney General, State of Connecticut, Office of the Attorney General; and State of Connecticut, Office of the Attorney General, Docket # FIC 2014-890; David Godbout v. Governor, State of Connecticut, Office of the Governor; and State of Connecticut, Office of the Governor, Docket # FIC 2014-912; David Godbout v. Governor, State of Connecticut, Office of the Governor; and State of Connecticut, Office of the Governor, Docket # FIC 2014-913; David Godbout v. Senator Williams, Member, State of Connecticut, Connecticut General Assembly; and State of Connecticut, Connecticut General Assembly, Docket # FIC 2014-919; David Godbout v. Executive Director, Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-920; David Godbout v. Carl Schuman, Judge of the Superior Court, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch, Docket # FIC 2014-921; David Godbout v. Child Advocate, State of Connecticut, Office of the Child Advocate; and State of Connecticut, Office of the Child Advocate, Docket # FIC 2014-922; David Godbout v. Executive Director, Freedom of Information Commission, State of Connecticut, Office of Governmental Accountability; and State of Connecticut, Office of Governmental Accountability, Freedom of Information Commission, Docket # FIC 2014-923; 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 2014-924; 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 2014-925; 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 2014-926 and 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 2014-927. The proceedings were recorded digitally.

     Victor R. Perpetua and Colleen M. Murphy reported on pending appeals.

     Colleen M. Murphy informed commissioners that Commissioner Francis J. Brady had resigned his position effective immediately. The Commissioners unanimously voted to thank Commissioner Brady for his dedicated service to the FOIC.

     The meeting was adjourned at 4:00 p.m.

Docket #FIC 2015-109

Barry Natale v. Commissioner, State of Connecticut, Department of Education; and State of Connecticut, Department of Education

     The Hearing Officer’s Report is amended as follows:

     20. “IT IS FOUND THAT THE REQUESTED RECORDS ARE NOT TEST QUESTIONS, SCORING KEYS OR OTHER EXAMINATION DATA.”

     [20.] 21.  Because the completed CT-HR-12 forms submitted by General Trades Workers were not used to determine a “final earned rating” in a merit examination, it is concluded that the completed CT-HR-12 forms at issue in this case were employment applications, not examination applications. The completed CT-HR-12 forms at issue in this case are, therefore, not subject to §5-225, G.S., or exempt pursuant to §1-210(b)(6), G.S. Therefore, the respondents violated §§1-210(a) and 1-212(a), G.S., by withholding such records from the complainant.

     [21.] 22.  The Commission notes that the fact that the same form, CT-HR-12, is used as both an examination application and also as an employment application creates some potential for confusion concerning the applicability of §5-225, G.S. The completed form may be subject to exemption or mandatory disclosure, depending on its use in individual cases. However, the employment application cases are outside the context of §5-225, G.S., which, in contrast to employment applications, includes examinations with final earned ratings subject to appeal and correction. Both the law and the public policy in favor of disclosure are particularly compelling in cases where completed form CT-HR-12 is an employment application. Employment applications for non-competitive positions should be subject to mandatory disclosure.