Friday, August 17, 2007

FOI Request Following


P.O. Box 1415 Litchfield, CT 06759
Cellular 860-690-0211 * Fax- 860-567-9119

Connecticut Magazine

Fri., 8-17-07
Paula Schwartz, Superintendent
Regional School District #10
24 Lyon Rd.
Burlington, CT 06013
(860) 673-2538 ext. 2; Fax:(860) 675-4976
by fax, e-mail and regular mail


Dear Ms. Schwartz:

This is a formal request for prompt production of documents in accordance with the state Freedom of Information Act.

I request viewing and / or copies of any and all records related to your policy with Massamont Insurance. This includes but is not limited to the policy itself, billing statements, payments, rates and changes.

This request covers any and all public records about this matter in your possession or control, regardless of where they are stored, whether in your office and office computer, home and home computer, someone else's office, home or storage facility, etc.

In particular, I am also seeking any and all records related to the civil rights lawsuit, Doninger V. Schwartz, Niehoff, et al. These records include but are not limited to: retainer agreement, indemnification clause, retainer check and other checks and invoices; also, meeting minutes, memorandums, phone logs and e-mails regarding the administration's handling of these matters.

As you know, Massamont Insurance is the device used by you and your attorney, Christine Chinni, to cloak public records. A principal in the Hartford law firm brought in to represent you and Niehoff, et al, -- Howd &Ludorf -- acknowledged in today's Register Citizen: "We do have a retainer agreement with Massamont and the company is paying our fees."

You can run and juggle - but you can't hide these records indefinitely. The FOI law requires that records related to the performance of a government function must be produced. Beyond that, the ultimate clients of the additional counsel you have hired -- the taxpayers of Burlington, Harwinton and all of Connecticut -- have a right to know what you are doing with their money and how you are managing their insurance premiums.

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.

Failure to comply promptly with this request will result in a formal complaint, requests for subpoenas of witnesses and a request for a $1,000 fine.

By prompt, I mean immediately, unless you can demonstrate to the FOI Commission that this would interfere with the normal course of business. This information - regarding alleged civil rights violations of students by you and your administration -- is vital to the public interest. The weight of public interest has been compounded by the stonewalling, evasiveness and stunning, egregious lack of candor exhibited by you through your legal counsel in recent requests.

Accordingly, I request a waiver of any and all fees. You may fax or mail the data to the contact information listed above.

Thank you very much.


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


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