Connecticut transparency headlines from 2008

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This article is a list of transparency related news from Connecticut in 2008. For more recent transparency headlines, see Connecticut transparency headlines.

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FOI panel rules against Shelton P&Z
December 23, 2008: The Freedom of Information Commission has for the second time ruled in favor of a city resident who brought a complaint against the Planning and Zoning Commission.

Irving Steiner, co-founder of the citizen's group We R-1, filed the complaint in May regarding the commission's April meeting during which a request for a certificate for non-compliance was heard for the Fairchild Mobile Home Park on Bridgeport Avenue. Read the full article here.

Charter Oak FOI request withdrawn
December 22, 2008: The state Department of Social Services has withdrawn a controversial Freedom of Information request sent to lawmakers and other state officials who have criticized Republican Gov. M. Jodi Rell's new Charter Oak Health Plan.

The FOI request was filed with Rell's knowledge by her social services commissioner, Michael Starkowski, in mid-November seeking all communications related to Charter Oak. Read the full article here.

Push For Secret Addresses Out Of Control
December 14, 2008: If we believe in democracy, in a free and open society, then we should look twice at an ever-growing crusade to hide the home addresses of any and all who govern us.

The Freedom of Information Commission failed, thankfully, last legislative session to make all state government employees' home addresses a state secret. But two more groups of workers have been added to the long list — Department of Environmental Protection police officers and employees of the department of Mental Health and Addiction Services who provide direct care to patients. Read the full column here.

Council considers change to FOI act
December 1, 2008: The city’s Freedom of Information ordinance, which goes further than state law in ensuring access to public documents by providing up to 40 free pages to citizens, is less than a year old.

But prompted by complaints about loss of revenue, the Common Council’s Committee on Administration, Finance and Law is holding a public hearing Wednesday at 7 p.m. in the council chambers to consider exempting the police department from having to give away free copies of certain kinds of public documents. Read the full article here.

Selectmen once again instruct Town Clerk to remove memo from meeting minutes
December 1, 2008: The Board of Selectmen has once again instructed Town Clerk Derek Buckley to remove a memo he wrote to the board and then added to the selectmen’s official meeting minutes record book without the board’s prior approval earlier this year.

The memo, which was also sent to the Board of Finance and dated Aug. 5, discusses the town clerk’s concerns about changes in his office’s purchasing authority for IT-related services and equipment. Read the full article here.

Democratic critics irked by Rell’s request to review their e-mail
November 28, 2008: Three Democratic state legislators targeted in a freedom-of-Information request by Gov. M. Jodi Rell said they will comply, but called it an attempt to “chill” legislative oversight.

Sens. Jonathan A. Harris of West Hartford and Toni Harp of New Haven and Rep. Peter F. Villano of Hamden are among six state officials whose e-mails the Rell administration is reviewing. Administration officials say they want to understand why those lawmakers — along with Attorney General Richard Blumenthal, state Healthcare Advocate Kevin J. Lembo and Child Advocate Jeanne Milstein — have been vocal critics of the governor’s handling of state healthcare programs. Read the full article here.

FOI request of Charter Oak critics stands
November 25, 2008: By all accounts, state officials at odds over the implementation of the governor's new Charter Oak Health Plan for adults had a positive meeting Tuesday morning.

"It was big. It accomplished a lot," said state Sen. Jonathan Harris, D-West Hartford, one of the lawmakers and state officials who discussed their concerns about Charter Oak with Social Services Commissioner Michael Starkowski.

But Republican Gov. M. Jodi Rell's administration is sticking by a Freedom of Information request Starkowski filed last week seeking communications between Harris and the other Charter Oak critics. Read the full article here.

Rell Calls Out Critics Of Charter Oak Health Plan
November 23, 2008: With the health care of 345,000 vulnerable children and their parents at stake, Gov. M. Jodi Rell is engaged in an extraordinary showdown with legislators and health care advocates.

The Rell administration took a hard slap a week ago at critics of her Charter Oak Health Plan for uninsured adults, demanding the critics turn over e-mails and correspondence.

The demand came in an unprecedented freedom-of-information request Rell aimed at key legislators, Attorney General Richard Blumenthal and one of her own appointees — the state's health care advocate, Kevin P. Lembo. Read the full article here.

School district responds to Hour's Freedom of Information request
November 12, 2008: The Norwalk Public School district has responded with a one-sentence letter to the Freedom of Information request submitted by The Hour seeking the district's files on Stacy Lore, the executive director of Spectrum Kids, LLC. The FOI sought proof of Lore's professional credentials and evidence that the district verified those credentials before it hired her firm to provide autism therapy for children in the district. Read the full article here.

IT dispute continues: Town faces second FOI complaint in two months
October 30, 2008: The town’s former Internet services provider has filed a complaint with the state’s Freedom of Information Commission alleging that the town’s Technology Committee may have violated FOI laws during its process of choosing a new vendor for those services earlier this year. Read the full article here.

Hartford, Mayor Fight FOI Ruling
October 28, 2008: The city of Hartford and Mayor Eddie A. Perez have filed an appeal in Superior Court seeking a stay and a reversal of the state Freedom of Information Commission's September ruling that Perez broke the law when he convened closed-door meetings to discuss corporate support for a new downtown arena.

The commission's ruling included a $500 civil penalty for Perez, a recommendation that he and city Corporation Counsel John Rose attend a workshop on the Freedom of Information Act and that the city release minutes from all the arena task force's meetings. Read the full article here.

New media experts frustrated at officials' lack of support for new Web law
October 10, 2008: Darryl Ohrt had a hard time containing his frustration after learning some towns in the state were pulling the plug on their government Web sites because of a new state law requiring towns and cities to post agendas and meeting minutes online in a timely fashion.

"It is infuriating to read. That is just ridiculous," said Ohrt, who runs Plaid, a new media marketing firm in Danbury.

A law that went into effective Oct. 1 in Connecticut requires municipalities to post minutes of their government meetings on the town's Web site within seven days of the meeting. Read the full article here.

Newspaper's request opens Winsted officials' e-mails
October 10, 2008: Selectmen have discussed town business via e-mail in recent months, an apparent violation of the Freedom of Information Act.

In response to a Freedom of Information request by the Republican-American, town officials turned over 276 e-mails exchanged between Town Manager Keith J. Robbins and selectmen from March 31 to Sept. 10. E-mails written or received by public officials are public records under the Freedom of Information Act. Read the full article here.

Dems protest delay in document request
October 8, 2008: The summer's controversial garbage plan has resurfaced with allegations the city is not complying with state Freedom of Information Act requests.

District B Democrats are accusing Mayor Richard Moccia, a Republican, and other government officials of delaying disclosure of information regarding the highly contested garbage collection issue.

"They've requested two years of documents concerning City Carting, garbage and everything else, and all we're asking is for them to be more specific," Moccia said about the request. "Once the FOI people come down and we can get a direct answer from them on what exactly they're looking for, they can have whatever documents they want." Read the full article here.

Small Towns Shutter Web Sites
October 7, 2008: A well-intentioned measure to increase the public’s understanding and participation in government has temporarily backfired in some Connecticut small towns.

Section 11 of Public Act 08-3 requires government bodies to post notices of meetings and minutes on their Web sites. It was passed during the June special session of the legislature, without fanfare.

For big towns with ample staffing, the new law is no big deal. For small towns with fewer staffers, compliance is seen as a burden. Read the full article here.

Conn. towns grapple with new FOI law
October 5, 2008: Harwinton residents hoping to learn about recycling policies and library hours online are out of luck.

The town's Web site, which also includes a listing of municipal services, parks and recreation information and key town phone numbers, is gone. It's been replaced by a simple message that the site is "currently unavailable."

It's not an error.

Officials in the small Litchfield County town and several other Connecticut communities worry they could face lawsuits if they don't comply with a new state law requiring towns to post agendas and minutes for every board and commission on their municipal Web sites. Read the full article here.

Don't Pull The Plug
October 1, 2008: The FOIC will move cautiously to enforce a new law that requires cities and towns to post minutes and agendas on municipal Web pages. There is no good reason to shut those sites down.

It would be a great disservice if any municipalities shut down their Web sites today out of fear of being unable to comply immediately with a new state law that requires the posting of minutes and special meeting agendas in a timely fashion. Read the full editorial here.

Business booming for FOI Commission
September 30, 2008: In December, when Fairfield First Selectman Ken Flatto removed the town Conservation Department from overseeing the largest development in town history, he did it behind closed doors.

In response, Kathryn Braun, a Fairfield attorney, helped draft a Freedom of Information complaint against the selectman for the Fairfield Friends of Open Space, a preservation group. She alleged the private meeting was illegal because it concerned matters meant for the public.

Her complaint now is one of a record number before the state Freedom of Information Commission, which is hard-pressed to explain a cause for this year's increase. Read the full article here.

Towns could pull plug on Web sites
September 27, 2008: On Wednesday, when people try to log on to more than a dozen Web sites for small towns throughout the state, they might find a message stating the sites are unavailable.

The change coincides with a new law requiring municipalities and other public agencies to post board, commission and committee agendas and minutes in accordance with the recently revamped Freedom of Information Act. Read the full article here.

FOI refresher will clear air
September 27, 2008: Conduct the public's business in public. That is the basic intent of Connecticut's Freedom of Information law.

And because North Stonington's Board of Education violated it, its members are now required to attend a training session where they will brush up on the open-government law and its subtleties. Read the full article here.

FOI Panel Says Hartford Mayor Eddie Perez Broke Law
September 25, 2008: The state Freedom of Information Commission on Wednesday unanimously adopted a hearing officer's report concluding that Hartford Mayor Eddie A. Perez broke the law when he convened closed-door meetings to discuss corporate support for a new arena in Hartford.

The ruling — written by one of the agency's five commissioners — comes with penalties, including a $500 civil penalty for Perez, and a recommendation that Perez and city attorney John Rose attend a workshop on the state's freedom of information laws. Read the full article here.

Complaint goes to FOIC
September 19, 2008: Three members of the Litchfield Planning and Zoning Commission received docketing letters from the Freedom of Information Commission in Hartford on Aug. 25, officially notifying them that fellow P&Z commission member John L. Williams has filed a complaint. Read the full article here.

Town rehires firefighter after FOI complaint is filed against the town
September 18, 2008: A former full-time firefighter has been rehired as part of a settlement with the man’s union representation after questions were raised about the legality of the special meeting the Easton Fire Commission held to terminate his employment in May.

Also, the commission violated state law by failing to file with the town clerk’s office several months worth of meeting minutes until late last week, most of which contained information and discussion related to the man’s firing. Read the full article here.

FOI order ignored; city may be fined
September 15, 2008: City officials continue to maintain they are unable to provide a crime scene videotape despite a ruling by the state Freedom of Information Commission that it should be turned over to the New Haven Register.

The FOIC recently voted 5-0 to approve a recommendation by its hearing officer that the city’s chief of police (James Lewis) be ordered to release the tape made by one of the teenagers convicted in the 2006 fatal shooting of 13-year-old Jajuana Cole. Read the full article here.

Mayor Taken To Task
September 11, 2008: It is wrong for a task force assembled by Hartford Mayor Eddie Perez, a public official beholden to his constituents, to meet in secret. That should be obvious to anyone who's had a short course in Freedom of Information laws.

The mayor could use one. Read the full editorial here.

Official: Perez Broke FOI Rules With Arena Task Force
September 9, 2008: Mayor Eddie A. Perez broke the law when he convened closed-door meetings to discuss corporate support for a new arena in Hartford, according to a proposed decision by the state Freedom of Information Commission.

The ruling — written by one of the agency's five commissioners and which must still be voted on by the entire board — comes with penalties. The city must release minutes from all the meetings of Perez's arena study task force; Perez must pay a $500 civil penalty; and both Perez and city attorney John Rose are "strongly encouraged" to attend a workshop on the state's freedom of information laws. Read the full article here.

Officials to get separate town e-mail accounts
September 9, 2008: Advised that the contents of their home computers could be subject to disclosure under the state's public records law, about 300 elected officials are getting their own e-mail accounts from the town to discuss official business.

Although activation of the accounts is voluntary, office holders are being encouraged to take advantage of them to help segregate personal e-mail from messages conducting the business of the town and to improve records retention. Read the full article here.

With few precedents, outcome of FOIC case uncertain
September 8, 2008: An appeal filed last week against the Freedom of Information Commission — challenging its conclusion that the identities of Elm City ID cardholders should remain private — presents the Connecticut State Superior Court with a highly unusual and heated months-long case that could end up making its way to the state Supreme Court. Read the full article here.

Housing Authority Flouts Sunshine Law
August 27, 2008: According to state law, it was a public event. A housing authority staffer turned the public away, anyway, with accusations of trespassing and threats to call the police.

The event in question: an authority pre-bid conference and walk-through on Tuesday afternoon for contractors interested in landing the job of rehabilitating several scattered-site units at 437 Eastern St. It was listed as a public event in a newspaper legal notice. But when I showed up I was told that I couldn’t attend. Read the full article here.

FOI officer says video should be turned over
August 27, 2008: A hearing officer for the state Freedom of Information Commission has again recommended that the New Haven Police Department be ordered to provide the New Haven Register with a videotape made by one of the teenagers convicted in the fatal shooting of 13-year-old Jajuana Cole. Read the full article here.

Judge refuses to release former prisoner's records
August 18, 2008: A state judge has rejected a media request for the prison records of James Tillman, an East Hartford man who was jailed for 18 years for a rape he did not commit.

New Britain Superior Court Judge Howard Owens says releasing the records would invade Tillman's privacy. Read the full article here.

Hartford Appealing FOI Fine
August 16, 2008: A state court judge last month ruled that the FOI commission was right to fine a city attorney $400 for violating the law when he denied access to public documents.

Now, the city has decided to appeal that judge's ruling, saying in court documents this week that Deputy Corporation Counsel Carl Nasto shouldn't be fined because, among other things, he was acting in his official capacity as a municipal employee. Read the full article here.

Report now subject of FOI
August 8, 2008: Planning & Zoning Commission member John L. Williams filed a complaint with the Freedom of Information Commission in Hartford on July 30 after he claims he was denied access to a report from the town's Zoning Enforcement Officer, Matt Speck. Read the full article here.

New Britain School Board Member's FOI Complaint Rejected
August 6, 2008: A Freedom of Information commissioner has rejected an FOI complaint against the common council's Democratic majority leader.

In a preliminary report dated July 30, Sherman London — a commissioner and a hearing officer for the state Freedom of Information Commission — wrote that Michael Trueworthy did not violate the Freedom of Information Act during a Jan. 23 council meeting. Read the full article here.

Lawmakers ask FOI to order agency to release data
August 5, 2008: Two state legislators have appealed to the state Freedom of Information Commission to order the Community Action Agency of New Haven to provide them financial and contractual information, audits and minutes.

Sen. Leonard Fasano, R-North Haven, said he did not get an answer from the agency when he requested the material, but rather was approached by a state lobbyist representing community action agencies, who asked him why he wanted it.

“What’s up with that?” said Fasano, complaining that the records are public and he doesn’t have to justify requesting them. Read the full story here.

Union: City kept FOI request quiet
August 1, 2008: A city union has filed a complaint with the Freedom of Information Commission against Director of Operations Ben Barnes for disclosing to The Advocate the names of employees who had been found violating the city's automated payroll system.

The act requires a public agency to notify the employees and their collective bargaining representative in writing of an FOI request that would raise privacy concerns to allow them to object to the disclosure. Read the full article here.

Here's letter of the law that violates the spirit
July 31, 2008: In another sign of how sick Connecticut is when it comes to Freedom of Information - meaning its communities' willingness to give public information to the public - New Britain's lawyers have crafted a set of rules for its department heads to follow.

The city has only done so because it was dragged to this point by its Common Council, which had to vote in two FOI ordinances to reinforce state law, one for city and state officials and another for ordinary citizens. Read the full editorial here.

Hartford Loses Appeal Of Freedom Of Information Decision
July 26, 2008: A state court judge has dismissed the city's appeal of a state Freedom of Information Commission decision, upholding a $400 fine against a city attorney for unlawfully denying access to public documents.

The city has argued for nearly 16 months that public documents it turned over to the state investigators conducting a corruption probe into the administration of Mayor Eddie A. Perez are exempt from public disclosure. Read the full article here.

Old Saybrook Officials Face FOI Complaints
July 22, 2008: A member of the town's Harbor Management Commission has filed a Freedom of Information complaint against the panel's chairman, its clerk, its attorney, another member and the first selectman.

In a written complaint, Commissioner Richard Goduti claims that Chairman Ray Collins, Commissioner Ross Byrne, Clerk Ruth Hockert, First Selectman Michael Pace and attorney Michael Cronin held an illegal meeting on the Ferry Road dock project earlier this year. Read the full article here.

FOI Commission Votes To Keep ID Names Secret
July 9, 2008: The state Freedom of Information Commission rejected Wednesday a request by a newspaper editor and a community group to release the names of people who have been issued New Haven resident ID cards.

The commission voted 3-1 to adopt a report last month by a hearing officer who said the names can remain confidential. The FOI officer said specific, credible threats of violence against New Haven officials and illegal immigrants justify keeping the identities of the card holders secret. Read the full article here.

ID card ruling avoids accountability
July 6, 2008: By citing public safety concerns, a preliminary ruling that the holders of New Haven's identification cards may remain secret dodges the central issue of the transparency of governmental actions.

Unlike tax rolls, voters lists or property records, all maintained by the city and open to public inspection, this one list of municipal identification cardholders may remain sealed thanks to a series of unproven assumptions. Read the full story here.

Kent Board of Selectmen grapples with aftermath of clerk's actions
July 3, 2008: The Kent Board of Selectmen again grappled with the issue of administrative assistant Tina Agard's alleged malfeasance Tuesday night as Selectmen Vince LaFontan continued to press for a forensic audit to ensure that the town's books have not been compromised. Read the full story here.

City may keep names of ID-card holders private, FOIC rules
June 26, 2008: After a marathon of hearings and testimony before the state Freedom of Information Commission that began in March, the city's decision not to disclose the identities of Elm City Resident Card holders was validated in a tentative decision released by a member of the panel on Wednesday.

Journalist Chris Powell and Dustin Gold, who launched the anti-illegal-immigrant Community Watchdog Project, have sought to force the city to release the names, addresses and photos of all city residents who signed up for an ID card. But in the proposed report, Commissioner Sheldon London found that the city had met its burden of proof for keeping the identities of the more than 5,000 residents private. Read the full story here.

Officials Meet Again In Private To Discuss New Arena
June 25, 2008: Mayor Eddie A. Perez wanted to know whether there was sentiment within the Greater Hartford business community to support a new downtown arena, so he created a "task force" to study the question.

When that group's first meeting was held behind closed doors in April, The Courant questioned the secrecy and filed a Freedom of Information complaint with the state. The group stopped meeting at city hall and retreated to the offices of the MetroHartford Alliance regional economic development organization. Read the full story here.

Greenwich disputes court ruling that makes memos public
June 24, 2008: Greenwich is fighting a judge's recent ruling that the town make public a pair of internal memos from town attorneys briefing the first selectman and other municipal officials on litigation challenging the withholding of aerial data from municipal records.

Town officials say the memos are attorney-client privileged and are exempt from disclosure under the state's public records law.

Last Wednesday, Judge Henry Cohn upheld the commission's ruling and said the town failed to show evidence of why the memos should be exempt from disclosure. Two days later, the town filed a motion for the judge to reconsider. Read the full story here.

FOI Commission finds against Shelton
June 11, 2008: The Planning and Zoning office in City Hall has sufficient space for those working in the department, but it can get tight when its commission meets there.

One of those meetings recently was the subject of a complaint to the state Freedom of Information Commission, and the city has found itself on the losing side.

Residents from the Fairchild Heights mobile home park on Bridgeport Avenue lodged the complaint earlier this year after a meeting at which they said there were too many people in attendance to be able to take part in a public hearing regarding the park. Read the full story here.