TO:  Freedom of Information Commission

FR:  Mary E. Schwind

RE:  Minutes, Regular Meeting, April 12, 2017

A regular meeting of the Freedom of Information Commission was held on April 12, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:10 p.m., with the following Commissioners present:
                        
             Commissioner Owen P. Eagan, presiding
             Commissioner Jay Shaw (participated via speakerphone)
             Commissioner Matthew Streeter
             Commissioner Christopher Hankins
             Commissioner Lenny T. Winkler
             Commissioner Ryan P. Barry
           
Also present were staff members, Colleen M. Murphy, Tracie C. Brown, Kathleen K. Ross, Valicia D. Harmon, Lisa F. Siegel, Cindy Cannata, and Mary E. Schwind.

The Commissioners unanimously voted to approve the Commission’s regular meeting minutes of March 22, 2017.  

Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so upon request.               
                                                    

Docket #FIC 2016-0340             Ira Alston v. Scott Semple, Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

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

Docket #FIC 2016-0410             John Kaminski v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction

This matter was tabled. 

Docket #FIC 2016-0427             Randy Dixon v. Armando J. Perez, 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

Randy Dixon participated via speakerphone.  Attorney Tamara Titre appeared on
behalf of the Bridgeport respondents.  Attorney Nicole Anker appeared on behalf of the Department of Correction respondents.   The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners then unanimously voted to approve the Hearing Officer’s Report as amended.*   The proceedings were recorded digitally.

Docket #FIC 2016-0308             Halina Trelski v. President, State of Connecticut,
Middlesex Community College; and State of Connecticut, Middlesex Community College

Assistant Attorney General Mary K. Lenehan appeared on behalf of the
respondents.  The Commissioners unanimously voted to approve the Hearing Officer’s Report.   The proceedings were recorded digitally.

Docket #FIC 2016-0345             Robert Goodrich and the Radical Advocates for Cross-Cultural Education v. Superintendent of Schools, Waterbury Public Schools; and Waterbury Public Schools

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

Docket #FIC 2016-0358             Nancy Rossi v. Chairman, City Council, City of West
Haven; City Council, City of West Haven; and City of West Haven

Nancy Rossi appeared on her own behalf.   The Commissioners unanimously
voted to amend the Hearing Officer’s Report.  The Commissioners then unanimously voted to approve the Hearing Officer’s Report as amended.*   The proceedings were recorded digitally.

Docket #FIC 2016-0389             Nancy Rossi v. Manager, Community Development Administration, City of West Haven; Community Development Administration, City of West Haven; and City of West Haven

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

Docket #FIC 2016-0381             Cherlyn Poindexter and the New Haven Management and Professional Union v. Toni Harp, Mayor, City of New Haven; and City of New Haven

Cherlyn Poindexter appeared on behalf of the complainants.  Attorney Kathleen
Foster appeared on behalf of the respondents.  The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners then unanimously voted to approve the Hearing Officer’s Report as amended.*   The proceedings were recorded digitally.

Docket #FIC 2016-0383             Richard Lindquist v. Chief Executive Officer for Health Affairs, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center

Assistant Attorney General Jeff Blumenthal appeared on behalf of the
respondents.  The Commissioners unanimously voted to amend the Hearing Officer’s Report.  The Commissioners then unanimously voted to approve the Hearing Officer’s Report as amended.*  

Docket #FIC 2016-0402             Barry Natale v. Commissioner, State of Connecticut, Department of Veterans Affairs; and State of Connecticut, Department of Veterans Affairs

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

Docket #FIC 2016-0403             Barry Natale v. Commissioner, State of Connecticut, Department of Veterans Affairs; and State of Connecticut, Department of Veterans Affairs

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

Docket #FIC 2016-0404             Barry Natale v. Commissioner, State of Connecticut, Department of Veterans Affairs; and State of Connecticut, Department of Veterans Affairs

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

Docket #FIC 2016-0535             Joseph Sastre v. Marc Montminy, Chief, Police Department, Town of Manchester; Police Department, Town of Manchester; and Town of Manchester

Joseph Sastre appeared on his own behalf.   The Commissioners voted, 4-0, to
approve the Hearing Officer’s Report.  Commissioner Shaw did not participate.   Commissioner Barry recused himself.   The proceedings were recorded digitally.

Docket #FIC 2016-0779             Kenneth Lerman v. Chief, Newtown Ambulance Association; and Newtown Ambulance Association

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

The Commissioners voted, 5-0, to grant the Motion for Stay dated March 24, 2017 filed by Assistant Attorney General Tanya Feliciano DeMattia in David Slepian and the Connecticut Chapter of the National Academy of Elder Law Attorneys v. Commissioner, State of Connecticut, Department of Social Services; and State of Connecticut, Department of Social Services, Docket #FIC 2016-0283, until such time as the Superior Court rules on a motion to stay should the matter be appealed.  Commissioner Shaw did not participate.

The Commissioners voted, 4-0, to deny the Respondent’s Application for Temporary Stay of January 26, 2017 Order to Submit Documents For In Camera Inspection in Kevin Kelly v. Commissioner, State of Connecticut, Department of Insurance; and State of Connecticut, Department of Insurance, Docket #FIC 2016-0638.   Commissioner Shaw did not participate.
Commissioner Barry recused himself.           
    
      
Colleen M. Murphy reminded Commissioners that the annual FOI Conference will be
April 21 at the Riverhouse at Goodspeed Landing in East Haddam.

                        Colleen M. Murphy reported on legislation.

                        The meeting was adjourned at 4:19 p.m.

                                                          ______________                         
Mary E. Schwind
MINREGmeeting 04122017/mes/04132017

*   See Attached for Amendments

AMENDMENTS

Docket #FIC 2016-0427             Randy Dixon v. Armando J. Perez, 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

Paragraph 22 of the findings is amended as follows:

22.  After careful inspection of the in camera records, it is found that such records are not “personnel, medical or similar files.”  It is therefore concluded that the residential addresses contained therein are not exempt from disclosure pursuant to §1-217(a)(2), G.S., and that the Bridgeport respondents violated §§1-210(a) and 1-212(a), G.S., by withholding such addresses from the complainant.  HOWEVER, AT THE COMMISSION MEETING OF APRIL 12, 2017, THE COMPLAINANT INDICATED THAT HE WAS NOT SEEKING THE ADDRESSES OF POLICE OFFICERS. 

 Paragraph 3 of the order is amended as follows: 

3.  In complying the paragraph 2, of the order, above, the respondents may withhold/redact the following in camera records:  signed witness statements, identified in paragraph 16, of the findings, above; autopsy report, including autopsy photos, identified in paragraph 19 of the findings, above; and NCIC reports (Index 1 – IC 2016-0427-001 through 003; IC 2016-0427-062 through 073; and Index 2 – IC 2016-0427-011; IC 2016-0427-096 through 098).  IN ADDITION, THE RESPONDENTS MAY WITHHOLD THE RESIDENTIAL ADDRESSES OF ANY POLICE OFFICERS, AS REFERENCED IN PARAGRAPH 22 OF THE FINDINGS, ABOVE.

Docket #FIC 2016-0358             Nancy Rossi v. Chairman, City Council, City of West
Haven; City Council, City of West Haven; and City of West Haven

 A new order is added as follows:

 2.   WITHIN TWO WEEKS OF THE ISSUANCE OF THE NOTICE OF FINAL DECISION IN THIS MATTER, THE REPONDENTS SHALL CONTACT THE COMMISSION TO ARRANGE FOR AN EDUCATIONAL TRAINING SESSION TO BE CONDUCTED BY COMMISSION STAFF. 

Docket #FIC 2016-0381             Cherlyn Poindexter and the New Haven Management and Professional Union v. Toni Harp, Mayor, City of New Haven; and City of New Haven

The order is amended as follows:

[1.  The respondents shall forthwith provide any and all attachments to the requested
emails.]

 [2]1.  The respondents shall forthwith provide to the complainants, free of charge, the records described in paragraphs 18, 20 and 26.

[3.  In complying with paragraph 1 of this order, the respondents may charge any fee
permitted by §1-212(b), G.S.]

 2.  THE COMMISSION NOTES THAT, FOR THE FIRST TIME AT THE APRIL 12, 2017, MEETING OF THE COMMISSION, THE RESPONDENTS INFORMED THE COMMISSION THAT THEY HAD NOT REVIEWED THE ATTACHMENTS DESCRIBED IN PARAGRAPH 35 OF THE FINDINGS, ABOVE, AND THAT SUCH ATTACHMENTS, OR PORTIONS THEREOF, MAY BE EXEMPT FROM DISCLOSURE.  THE RESPONDENTS ARE HEREBY ORDERED TO REVIEW SUCH ATTACHMENTS FORTHWITH AND PROVIDE COPIES OF ALL SUCH RECORDS TO THE COMPLAINANTS, FREE OF CHARGE.

 3.  SHOULD THE RESPONDENTS IN GOOD FAITH BELIEVE THAT ANY RECORDS, OR PORTIONS THEREOF, DESCRIBED IN PARAGRAPH 35 OF THE FINDINGS, ABOVE, ARE EXEMPT FROM DISCLOSURE, THEY SHALL SO INFORM THE COMPLAINANTS AND PROVIDE THEM WITH AN INDEX OF SUCH RECORDS, INCLUDING A DESCRIPTION THEREOF, AND THE CLAIMED EXEMPTION(S), WHICH SHALL BE DEEMED TO BE A DENIAL OF ACCESS TO SUCH RECORDS.

 4.  THEREAFTER, SHOULD THE COMPLAINANTS FILE A COMPLAINT WITH THE COMMISSION REGARDING THE RECORDS DESCRIBED IN PARAGRAPH 3 OF THE ORDER, ABOVE, SUCH COMPLAINT SHALL RECEIVE PRIORITY ASSIGNMENT FROM THE COMMISSION. 

Docket #FIC 2016-0383             Richard Lindquist v. Chief Executive Officer for Health Affairs, State of Connecticut, University of Connecticut Health Center; and State of Connecticut, University of Connecticut Health Center

The Hearing Officer’s Report is amended by adding a new paragraph 18, as follows:

18.  IT IS FOUND THAT THE COMMENTS OF THE PANEL MEMBERS ARE COLLECTED BY THE NON-VOTING MEMBER OF THE MPEC, DR. RICHARD SIMON.  DR. SIMON, THE CHIEF OF STAFF FOR JOHN DEMPSEY HOSPITAL, APPEARED AND TESTIFIED AT THE DECEMBER 8, 2016 CONTESTED CASE HEARING.  IT IS FOUND THAT THE MPEC MEMBERS WHO ARE REVIEWING A DEPARTMENT CHAIRPERSON’S FINAL ANNUAL RATING OR A POST-TENURE REVIEW MATTER CAN SEND THEIR INITIAL IMPRESSIONS ON THE MATTER TO DR. SIMON VIA EMAIL, OR THEY CAN LOG INTO A DATABASE AND RECORD THEIR IMPRESSIONS IN THAT FORUM.  

The Hearing Officer’s Report is also amended by renumbering paragraphs 18 through 25
as paragraphs 19 through 26. 

Paragraph 22 of the Hearing Officer’s Report is further amended as follows:

             [22] 23. It is found that the comments among the panel members of the MPEC precede a
formal and [final] INFORMED recommendation to the Dean.