Joint Standing Committee Hearings Executive And
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JOINT STANDING COMMITTEE HEARINGS EXECUTIVE AND LEGISLATIVE NOMINATIONS PART 2 395 - 746 2016 000395 Exe1;utive and Legislative Nominations Committee- Agenda Page 1 of 1 Executive and Legislative Nominations Committe~ PUBLIC HEARING AGENDA Tuesday, March 1, 2016 11:00 AM in Room 1A of the LOB I. COMMITTEE RESOLUTIONS FOR REVIEW House Resolution ~ Sean K. McElligott from Milford, to be a member of the Freedom of Information Commission Senate Joint Resolution(s) _ Clifford B. Silvers from Milford, to be a member of the Education Arbitration Board ... Richard H. Kosinski, Esquire from Oxford, to be a member of the Education Arbitration Board http://cgalites/2016/EXNdata/pha/2016pha00301-ROOII OOEXN-pha.htm 3/1/2016 I' I 000396 201$ Executive and Legislative Nominations Committee 3/( Attendance Committee Leadership: - Rep. Janowski, Claire (Co-Chair) Sen. Duff, Bob (Co-Chair) Sen. Looney, Martin (Vice Chair) - Rep. Vargas, Edwin (Vice Chair) Rep. Buck-Taylor, Cecilia (Ranking Member) Sen. Kane, Robert (Ranking Member) Committee Members: Rep. Albis, James ~ Rep. Berger, Jeffrey Rep. Camillo, Fred Sen. Crisco, Joseph Rep. Dargan, Stephen Sen. Doyle, Paul Sen. Fasano, Leonard Rep. Giegler, Janice Rep. Godfrey, Bob Sen. Guglielmo, Anthony Sen. Hartley, Joan Rep. Perillo, Jason II I 000397 1 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE CHAIRPERSONS: Representative Janowski Senator Duff Representative Looney Representative Vargas Representative Buck Taylor SENATORS: Crisco, Kane, Fasano, Doyle, Guglielmo, Hartley REPRESENTATIVES: Buck-Taylor, Albis, Berger, Camillo, Dargan, Giegler, Godfrey, Perillo REP.JANOWSKI (56TH): Thank you and welcome to the hearing of the Executive and Legislative Nominations Committee. I'm Representative Claire Janowski, Co Chair of the Committee with Senator Duff who will be here shortly and would like to - before we begin, Ethan can you announce the normal mandatory announcement that we have to make? ETHAN: In the interest of safety, I would ask you to note that the exits for the hearing room and two doors through which you entered - in the event of an e~ergency, please walk quickly to the nearest exit. After exiting the room, go to your right and exit the building by the main entrance or follow the exit signs to one of the other exits. Please exit quickly and follow any instructions from Capitol police. Do not delay and do not return unless 000398 2 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE you are advised to do so and it is safe to do. In the event of a lock-down announcement, please remain in the hearing room. Stay away from the exit doors and seek concealment behind desks and chairs until all clear announcement is heard. REP.JANOWSKI (56TH): Thank you and with that we will begin with our first nominee, Sean McElligott - I hope I said that right - from Milford to be a member of the Freedom of Information Commission. Please raise your right hand. Do you swear to tell the truth, nothing but the truth? Thank you, please provide us with a statement. SEAN MCELLIGOTT: Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Sean McElligott and it is an honor and privilege to have been appointed as a Commissioner of the Freedom of Information Commission (FOIC) by Governor Dannel P. Malloy and to be considered by this Committee today. I am very grateful for the opportunity to share a little bit of my personal background and explain why I am interested in serving on the FOIC. I live in Milford, Connecticut, with my three children and my wife, Sarah Russell. For the past 10 years, I have been working as a trial lawyer at Koskoff, Koskoff & Bieder in Bridgeport, Connecticut, primarily handling medical malpractice cases. I also maintain an extensive pro bono practice including my work with the Connecticut Child Justice Foundation, which is an I, I 000399 3 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE organization that provides free representation to children in DCF custody. My wife is a law professor at Quinnipiac University, and she works with students in the Civil Justice Clinic to represent indigent clients who would not otherwise have counsel. I graduated from Yale Law School and from Trinity College, where I majored in philosophy. I had the privilege of serving previously as a commissioner on the FOIC as a two-year legislative appointee starting in 2012. I very much enjoyed the work of the Commission. The FOIC serves a vital purpose in ensuring that people in Connecticut have access to important public information. Equally important, in my view, is that the individuals who appear before the Commission in public hearings are treated with courtesy and respect. Outside of formal hearings, everyone who works at the Commission takes pride in being accessible and helpful to citizens and municipalities alike. For me personally, the Commission is an opportunity to serve the state in a public capacity that is different from my day job as a trial lawyer. I enjoy the deliberations that occur between the Commissioners considering a case. Interestingly, and appropriately given the mandate of the Commission, these deliberations occur publicly and are sometimes televised. There are also situations where the Commissioners might disagree with each other as to the appropriate outcome. I enjoy the discussion of the competing legal principles. As the Committee is aware, the FOIC is tasked with interpreting the Connecticut Freedom of Information 000400 4 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE Act in the context of appeals from the decisions of municipalities and state agencies that come before the Commission. The Connecticut FOI Act itself is an interesting statute in that it begins by creating broad access to all records maintained by any public agency, but the Act then enumerates different exceptions where the requested information is not subject to disclosure. The amount of information that may be obtained by a citizen is governed largely by the Commission's interpretation of the proper scope of the exceptions. Each exception is animated by its own set of policy considerations, some of which have been explored extensively by our state courts. Accordingly, the work of the Commission is dynamic and I look forward to continuing to work with my fellow Commissioners to properly interpret and apply the Act. I hope that this Committee finds me to be an acceptable candidate to serve as one of Governor Malloy's appointees on the FOIC. Thank you for the opportunity to address you all in support of my application. I would be happy to answer any questions that you may have. REP.JANOWSKI (56TH): Thank you and congratulations on your nomination. This is a voluntary position so we do appreciate your making the time and your willingness to serve. Just one question. I did review your resume and you are highly qualified to obviously sit and be part of this Commission. Have you had a chance to attend any of the meetings yet? SEAN MCELLIGOTT: Any of the meetings of the Commission? II I 000401 5 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE REP.JANOWSKI (56TH): FOI Commission meetings? SEAN MCELLIGOTT: Back when I served as a legislative appointee on the Commission in 2010, I attended about 20, I think, meetings. REP.JANOWSKI (56TH): It says here that you - the vacancy opened up in October of 2015 but you haven't yet had the opportunity to attend any meetings in your current appointment position. SEAN MCELLIGOTT: No, I have not. REP.JANOWSKI (56TH): Okay, alright. SEAN MCELLIGOTT: Sorry, I apologize. REP.JANOWSKI (56TH): But you had past experience with this? SEAN MCELLIGOTT: I was a two-year legislative appointee back in 2012. So there are two-year appointments by certain members of the legislature turn in their employer appointments by the Governor so I had a previous two-year appointment and wasn't reappointed because of the change in personnel and the position of the appointee. And so in fact I was joking with Ms. Murphy the Executive Director. My picture is now up on the wall of the former Commissioner, and we're going to take that picture down I think in the event that I'm approved. REP.JANOWSKI (56TH): Inaudible (away from mic) - previously because it is a way for the public to get notices of local meetings as well as State Government 000402 6 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE meetings and have access to Government records as well. I know that at the local level, this body does take up a lot of complaints that are filed at the local level. I think there are more Commissions and Boards locally and therefore more opportunity to get into complications. Based on your experience in the past, do you find that there are more complaints filed at the local level and I know a number of them are frivolous complaints and they are not taken up at all. SEAN MCELLIGOTT: Right. I think that most of them do come from the local municipal level. They frequently center around issues of whether certain meetings should be open. Whether going into executive session is proper for the particular circumstances. And I think one of the good things about being on the commission is that the municipalities that do come before us leave the hearing with a better sense of what their obligations are under the Act because it's better for them to just know them and to comply with them rather than to be hauled up to Hartford frequently.