TO: Freedom of Information Commission
FROM: Thomas A. Hennick
RE: Minutes of the Commission’s regular meeting of May 24, 2017
A regular meeting of the Freedom of Information Commission was held on May 24, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:12 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
A regular meeting of the Freedom of Information Commission was held on May 24, 2017, in the Freedom of Information Hearing Room, 18-20 Trinity Street, Hartford, Connecticut. The meeting convened at 2:12 p.m. with the following Commissioners present:
Commissioner Owen P. Eagan, presiding
Commissioner Matthew Streeter
Commissioner Christopher P. Hankins
Commissioner Lenny T. Winkler
Commissioner Ryan P. Barry
Also present were staff members, Colleen M. Murphy, Mary E. Schwind, Victor R. Perpetua, Lisa F. Siegel, Valicia D. Harmon, Paula S. Pearlman, Cindy Cannata, and Thomas A. Hennick.
The Commissioners voted, 4-0, to approve the Commission’s regular meeting minutes of May 10, 2017. Commissioner Winkler abstained.
Those in attendance were informed that the Commission does not ordinarily record the remarks made at its meetings, but will do so on request.
Docket #FIC 2016-0475 Timothy Townsend v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
Timothy Townsend participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2016-0475 Timothy Townsend v. Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction
Timothy Townsend participated via speakerphone. Attorney James Neil appeared on behalf of the respondents. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2016-0516 Tyronne Pierce v. Chief, Police Department, Town of Putnam; and Police Department, Town of Putnam
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0517 Tyronne Pierce v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; City of Hartford; 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 2016-0517 Tyronne Pierce v. Chief, Police Department, City of Hartford; Police Department, City of Hartford; City of Hartford; 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 2016-0553 Ian Wright v. Chairperson, State of Connecticut, Board of Pardons and Paroles; and State of Connecticut, Board of Pardons and Paroles
Ian Wright participated via speakerphone. Attorney Leland Moore appeared on behalf of the respondents. The Commissioners unanimously voted to amend the Hearing Officer’s Report. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2016-0416 Ally Sexton and the Administrative and Residual Union v. Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services
Ally Sexton appeared on behalf of the complainants. Attorney Louis Bucari and Attorney Erica McKenzie appeared on behalf of the respondents. The Commissioners unanimously voted to amend and correct the Hearing Officer’s Report. The Commissioners unanimously voted to approve the Hearing Officer’s Report as amended and corrected.*
Docket #FIC 2016-0430 Robert Morrin v. Commissioner, State of Connecticut, Department of Banking; and State of Connecticut, Department of Banking
Docket #FIC 2016-0430 Robert Morrin v. Commissioner, State of Connecticut, Department of Banking; and State of Connecticut, Department of Banking
Attorney Jeffrey White and Attorney Kathleen Dion appeared on behalf of the complainants. Assistant Attorney General Matthew Budzik and Assistant Attorney General John Langmaid appeared on behalf of the respondents. The Commissioners twice 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 Barry recused himself from the matter.
Docket #FIC 2016-0500 Edward Peruta and the American News and Information Services, Inc. v. Regina Picard, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch
Docket #FIC 2016-0500 Edward Peruta and the American News and Information Services, Inc. v. Regina Picard, State of Connecticut, Judicial Branch; and State of Connecticut, Judicial Branch
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0506 Valayshia Brookins 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 2016-0506 Valayshia Brookins v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0565 Torrey Townsend v. Personnel Director, City of New Haven; and City of New Haven
Torrey Townsend appeared on her own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
Docket #FIC 2016-0566 Torrey Townsend v. Personnel Director, City of New Haven; and City of New Haven
The Commissioners unanimously voted to approve the Hearing Officer’s Report.
Docket #FIC 2016-0691 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 approve the Hearing Officer’s Report.
Docket #FIC 2016-0604 Eric Cotton and the Meriden Record Journal v. Chief, Police Department, City of Meriden; Police Department City of Meriden; and City of Meriden
The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. Commissioner Hankins recused himself from the matter.
Alfred Mayo appeared on behalf of the complainant. Attorney Joseph Skelly appeared on behalf of the respondents. The Commissioners voted, 4-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Barry did not participate in this matter.
Docket #FIC 2016-0663 Lilly Phillips v. Chairman, State of Connecticut, Retirement Commission; and State of Connecticut, Retirement Commission
Lilly Phillips appeared on her own behalf. Attorney Michael Rose appeared on behalf of the respondents. The Commissioners voted, 3-0, to approve the Hearing Officer’s Report. The proceedings were recorded digitally. Commissioner Barry did not participate in this matter. Commissioner Hankins recused himself from the matter.
Docket #FIC 2016-0817 Patricia Cofrancesco v. Mayor, City of Derby; Police Commission, City of Derby; and City of Derby
The matter was tabled.
Docket #FIC 2016-0819 Sarah Bollinger v. First Selectman, Town of Somers; and Town of Somers
Docket #FIC 2016-0819 Sarah Bollinger v. First Selectman, Town of Somers; and Town of Somers
Sarah Bollinger appeared on her own behalf. The Commissioners unanimously voted to approve the Hearing Officer’s Report. The proceedings were recorded digitally.
Victor R. Perpetua reported on the order dated May 5, 2017 in Gaudett, Joseph, Chief Bridgeport Police Department et al. v. Freedom of Information Commission, Docket No. HHBCV 166031985S.
The Commissioners voted, 4-0, to authorize staff to seek an extension of time to appeal the Superior Court, Judicial District of New Britain, Memorandum of Decision dated May 16, 2017 in Diana Wentzell, Commissioner, State of Connecticut Department of Education and Department of Education vs. Freedom of Information Commission and Michael Savino, Docket No. HHB-CV-16-6032889-S. The Commission also voted, 4-0, to authorize staff to appeal the decision should the extension of time be denied. Commissioner Barry did not participate in this matter.
The Commissioners voted, 4-0, to authorize staff to seek an extension of time to appeal the Superior Court, Judicial District of New Britain, Memorandum of Decision dated May 16, 2017 in Diana Wentzell, Commissioner, State of Connecticut Department of Education and Department of Education vs. Freedom of Information Commission and Michael Savino, Docket No. HHB-CV-16-6032889-S. The Commission also voted, 4-0, to authorize staff to appeal the decision should the extension of time be denied. Commissioner Barry did not participate in this matter.
The meeting was adjourned at 5:37 p.m.
______________
Thomas A. Hennick
MINREGmeeting 05242017/tah/05252017
Thomas A. Hennick
MINREGmeeting 05242017/tah/05252017
See Attached for Amendments and Corrections*
AMENDMENTS and CORRECTIONS
Docket #FIC 2016-0416 Ally Sexton and the Administrative and Residual Union v. Commissioner, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services
The caption in the Hearing Officer’s Report is corrected as follows:
Alice Sexton [and the Administrative
and Residual Union,]
and Residual Union,]
Complainants
against Docket #FIC 2016-0416
Commissioner, State of Connecticut,
Department of Revenue Services; and
State of Connecticut, Department of
Revenue Services,
Department of Revenue Services; and
State of Connecticut, Department of
Revenue Services,
Respondents May 16, 2017
The order in the Hearing Officer’s Report is amended as follows:
5. In complying with paragraph 4 of this order, if the respondents in good faith believe that any records, or portions thereof, described in paragraphs 3.a, 3.c and 3.[c] E of the findings, above, are exempt from disclosure PURSUANT TO SECTION 12-15 (h) (2) OR ATTORNEY CLIENT PRIVILEGE, they shall so inform the complainants within 90 days of the issuance of the final decision in this matter, and provide them with an index of such records, including a description of the record, the portion of the record claimed to be exempt, and the claimed exemption(s), which shall be deemed to be a denial of access to such records.
Docket #FIC 2016-0430 Robert Morrin v. Commissioner, State of Connecticut, Department of Banking; and State of Connecticut, Department of Banking
The Hearing Officer’s Report is amended as follows:
10. It is found that on September 14, 2015, one day before the September 15, 2015 request,
and while Adams was serving as General Counsel [and Acting Commissioner], the complainant’s attorney retained a computer forensics expert “to collect publicly available content for the social media accounts (Twitter, LinkedIn, and Facebook) registered to Bruce Adams.”
and while Adams was serving as General Counsel [and Acting Commissioner], the complainant’s attorney retained a computer forensics expert “to collect publicly available content for the social media accounts (Twitter, LinkedIn, and Facebook) registered to Bruce Adams.”
32. Accordingly, it is concluded that even if the social media posts were public records, the respondents did not violate §§1-210(a) and 1-212(a), G.S., by not [conducting a second search for records] SEARCHING FOR AND PRODUCING ADDITIONAL RECORDS IN RESPONSE TO THE COMPLAINANT’S SECOND REQUEST.