Enfield Legal Dept. Needs Tuneup

For background,
see recent posts including:

MONTESSORI PARENT SPEAKS
Sister Francine Mary's Letter To Gov. Rell
Enfield Mayor Full Of ...
Nuns Aren't Taking It Any More...

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Letter from Maria Stavropoulos, Sr. Asst. Town Atty.
Sept. 7, 2006

Re: PZC v. SBA - Freedom of Information Request

Dear Mr. Thibault:

The Town is in receipt of your Freedom of Information Act request relative to the above-referenced case dated September 5th and received by facsimile the morning of September 6th. The FOIA applies to "records maintained or kept on file by any public agency" and does not require the Town to conduct research. Specifically, as to your request:

1. Branse & Willis - billing records, comprised of invoices and purchase order authorizations, for the above-referenced appeal, total 35 pages.

2. O'Malley, Deneen, Messina & Oswecki - billing records, comprised of invoices and purchase order authorizations for the above-referenced appeal, total 20 pages.

3. Insofar as this case is being handled by outside counsel due to a conflict of interest, no legal staff of the Town Attorney's Office worked on this case. Additionally, this office does not maintain time records on a file by file or case by case basis.

4. The legal department is not the repository for all Town Hall records; each municipal department retains its own records. Accordingly, your request for a "global search of any and all town records for memos, phone logs or other data … " pertaining to a "possible development project that certain business leaders would like to undertake at the site of the Montessori School" is vague and overly broad. In order to properly respond to your request and direct it to the proper department managers, more specific information is necessary. The Town Attorney's Office has no records pertaining to the "possible development project" referenced in your letter.

5. Additionally, as noted above, the Freedom of Information Act does not require that the town perform research. In that respect, we are unable to assist in your "global search [for data] … that could point to possible unethical or illegal conduct or influence." If you do not know what documents to ask for, or are unsure what you are seeking, or would like to conduct your own research, you might visit Town Hall to inspect various departmental records. To ensure that someone is available to help you, you may wish to make an appointment with the applicable department prior to your visit. In any event, the Town Attorney's Office has no records pertaining to "possible unethical or illegal conduct or influence in these matters."

CGS 1-212 provides no authorization for a waiver of the fees in your case. Therefore, pre-payment of the copying fee (0.50 per page x 55 pages) is necessary, totaling $27.50. Once payment, cash or bank check made payable to the "Town of Enfield" is received the copies referred to in paragraphs 1 and 2 will be provided to you. If you prefer, the records referred to in paragraphs 1 and 2 are available for your inspection during regular Town Hall business hours free of charge. If you wish to inspect the records referred to in paragraphs 1 and 2 above, please call Maureen Hamel at 860.253.6408 to schedule an appointment so that staff can be made available to assist you.


Sincerely,


Maria Stavropoulos

c:

Clifton Leondhart, Director of Litigation, FOIC (all w/ request letter)
Matthew Willis, Esq.
Vincent Oswecki, Esq.
Mayor Patrick Tallarita
Matthew W. Coppler, Town Manager
Christopher W. Bromson, Town Attorney
Jose Giner, Director of Planning
Ray Warren, Director of Economic Development
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Follow-up Letter To Maria Stavropoulos, Sr. Asst. Town Atty.


Sun., 9-10-06Ms. Maria Stavropoulos, Sr. Asst. Town Atty.
SeniorTownAttorney@enfield.org
Town of Enfield, 820 Enfield St.
Enfield, CT 06082
Phone (203) 253-6405; Fax (860) 253-6362

by Fax, e-mail and regular mail

Dear Atty. Stavropoulos:

Thank you very much for your letter of Sept. 7, which I received yesterday.

With respect to the 55 pages of documents you cite in response to my request, please see CGS 1-212 (3), which states that fees may be waived when the request is in the public interest or "benefits the general welfare." Also, as you look at the statute you will find there is no mandatory fee.

I refer to your letter, which states the law provides "no authorization for a waiver of the fees in [this] case."

Certainly the performance of you and your colleagues when performing your fiduciary duties to the town and its citizens - or not - e.g., farming out litigation that is costly and without merit, is in the public interest. The release of this information absolutely benefits the general welfare.

Further, re- your ethical obligations as an officer of the court do not allow you to turn a blind eye to "possible unethical or illegal conduct or influence in these matters." Nor do they allow you to assist, abet or abide by such conduct, if in fact such conduct is occurring.

Accordingly, I ask that you reflect and reconsider your positions stated in the Sept. 7 letter with respect to 1: the fees; and, 2: your due diligence regarding any knowledge by your office of a possible development project at or nearby the site of the Montessori School and / or documents that might exist - including phone logs, e-mails, etc. - related to such a project. Thank you for checking your own records in this regard.

As you probably know and may want to share with the various colleagues on your copy list, it is a Class A Misdemeanor CGS Sec. 1-240 to destroy a public record. Destruction of a public record is punishable by up to a year in jail and a $1,000 fine.

Your letter also states: "The FOIA applies to 'records maintained or kept on file by any public agency' and does not require the Town to conduct research." I surmise you might have intended this as instructive, however, it is a puzzling and bizarre contention. Actually, the law also covers public documents in your possession or control, e.g., public records that you, the mayor or any other official might take home or store in your home computer. Your statement also indicates that the town does not search for records when it is asked to provide them. This is puzzling. Perhaps you use a swami. In any case, whatever means you use to produce public records is fine with me.

You may fax or mail the data to the contact information listed above. Thank you very much.

Sincerely,


Andy Thibault

Copies to state Freedom of Information Commission, Gov. Rell, Chief State's Attorney