The Cool Justice Report: 40-plus [count 'em] Counts, ADDITIONAL EVIDENCE ... THIS IS A TEST For FOI Of How The System Works Or Does Not Work …

RE: Complaint / Request for fines and to re-open cases

ANDY THIBAULT
P.O. Box 1415
Litchfield, CT 06759
*Fax- 860-567-9119 * Cellular 860-690-0211
www.cooljustice.blogspot.com
tntcomm82@cs.com
www.andythibault.com

Thurs., 7-17-08

40-plus [count 'em] Counts, ADDITIONAL EVIDENCE

RE: Complaint / Request for fines and to re-open cases
#FIC 2007-418, Andy Thibault v. Paula Schwartz, Superintendent of Schools, Regional School District #10, Docket # FIC 2007-421, Andy Thibault v. Paula Schwartz, Superintendent of Schools, Regional School District # 10, and Docket #FIC 2007-458, Andy Thibault v. Paula Schwartz, Superintendent of Schools, Regional School District # 10.

State Freedom of Information Commission
18-20 Trinity St.
Hartford, CT 06106

Dear Ms. or Sir:

In the interests of due diligence, the integrity and viability of the Connecticut Freedom of Information Commission and justice, I present to you 40-plus counts of additional evidence to impose fines and re-open the cases cited above.

The cases are related to a series of requests and complaints beginning Aug. 1, 2007.

The documents cited in this request / complaint are connected with the Avery Doninger free speech case, seizure of free-speech t-shirts, suppression of the write-in vote that elected Doninger Secretary of the Class of 2008 at Lewis Mills High School in Burlington and related elements of the case and incidents within the purview of the Regional District 10 Board of Education.

This is a renegade, lawless and negligent board of education that enacts and enforces policies contrary to law and fails to perform its fiduciary and supervisory duties. For example, on a number of occasions - even following complaints to this commission - Region 10 has required citizens to make appointments to view public records rather than producing such records as required. On one occasion, a local resident told me, state police were called to Region 10 when he requested public records. The board failed to supervise its former superintendent when she acted outside the scope of her duties to violate FOI laws and other laws including federal privacy laws. The matters just cited are part of the FOI Commission record.

From the Aug. 1, 2007 request:
… meeting minutes, memorandums, phone logs and e-mails regarding the administration's handling of these matters. In addition, this request covers copies of the write-in votes submitted for Ms. Doninger and any and all related records including memos and e-mails. Memos and documents include but are not limited to discussions about the seizure of free speech t-shirts by your staff.
To amplify, 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, etc.

Many documents responsive to this request have come to light in recent weeks, following release by the new superintendent for Region 10, Alan Beitman.

Former Superintendent Paula Schwartz testified in a hearing before the FOI Commission on Jan. 4, 2008 that there were no such documents. Schwartz and her lawyer, Christine Chinni, have asserted repeatedly that these documents did not exist.

Following are notations of 41 such documents. Many more - perhaps hundreds - are believed to exist and will likely be produced by Beitman following a request dated July 16, 2008. That request is included in this package.

It is not the function of the FOI Commission to give incentives to miscreant public officials and lawyers who hide documents and lie about their existence. During a regular meeting of the FOI Commission on June 11, 2008, Commissioner Dennis O'Connor stated that he found Schwartz's testimony on these matters credible. Such a comment cannot stand.

At the same meeting, Commission Chairman Andrew O'Keefe admonished Chinni for her shell games to hide write-in ballots sought in the initial request. The FOI Commission cannot turn a blind eye to this pattern of lies and duplicity if it is to have the confidence of the public in the performance of its solemn duties.

Please uphold your duty to read these requests and complaints carefully and make a reasoned determination on this request for fines and the re-opening of the cases. Besides paying fines, Schwartz, Chinni and Region 10 should produce a detailed list of documents that were suppressed.

Some of those records delineate tampering of Avery Doninger's guidance / college / disciplinary records as orchestrated by Chinni, Schwartz and Lewis Mills High School Principal Karissa Niehoff.

The FOI Commission should impose other sanctions as appropriate.

In addition, the FOI Commission should make formal referrals to the Hartford State's Attorney and / or the Chief State's Attorney for any and all false statements by Schwartz and Chinni and to the Statewide and Federal Grievance Committees for Chinni's unethical conduct and lack of candor with the tribunal and other related violations of the Rules of Professional Conduct.

Here, then, is a listing of some of the public records suppressed by Schwartz and Chinni. Again, this is just a sampling. In contrast to Schwartz and Chinni, Beitman has exhibited integrity, forthrightness and lawful behavior. It is expected that he will produce documentation of at least a few hundred such public records. If any lawyers claim any of these records should have been redacted or withheld, my request of 7-16-08 to Beitman notes such documents should be submitted for in-camera review to the FOI Commission.

1. Jamfest email Karissa Niehoff to Jennifer Hill, 4-20-07, 9:54 a.m.

2. Jamfest email Paula Schwartz to Karissa Niehoff, 4-23-07, 10:36 a.m.

3. Jamfest email Schwartz to Peter Bogen, Pamela Lazaroski, 4-22-07, 8:48 a.m.

4. Jamfest email Schwartz to Niehoff, 4-21-07, 4:40 p.m.

5. Jamfest email Niehoff to Schwartz and David Fortin, 4-20-07, 12:46 p.m.

6. Jamfest email David Miller to Niehoff and Hill, 4-20-07, 12:38 p.m.

7. Jamfest email Niehoff to Miller and Hill, 4-20-07, 9:30 a.m.

8. Jamfest email Schwartz to Niehoff, 6-15-07, 6:15 a.m.

9. Jamfest email Niehoff to Schwartz, 4:41 a.m.

10. Jamfest email Hill to Niehoff, 6-14-07, 8:39 p.m.

11. Doninger request for info., bureaucratic shuffling, Linda Carabis-Brown to Schwartz, 6-13-07, 2:25 p.m.

12. Doninger request for info., bureaucratic shuffling, Carabis-Brown to Niehoff and Schwartz, 6-13-07, 8:28 a.m.

13. Doninger request for info., bureaucratic shuffling, Niehoff to Lauren Doninger and Schwartz, Carabis-Brown, Sandy Bilodeau, 6-13-07, 11:17 a.m.

14. Doninger request for info., bureaucratic shuffling, Niehoff to Carabis-Brown and Schwartz, 6-13-07, 1:55 p.m.
15. Doninger request for info., bureaucratic shuffling, Doninger to Niehoff, 6-12-07, 11:31 a.m.

16. Doninger request for info., bureaucratic shuffling, Niehoff to Doninger and Schwartz, Carabis-Brown, Bilodeau, 6-12-07, 11:16 a.m.

17. Paula's A Dirty Whore blog post, Niehoff to Schwartz, 5-25-07, 4:40 a.m.

18. Paula's A Dirty Whore blog post, Doninger to Niehoff, 5-24-07, 10:01 p.m.

19. Paula's A Dirty Whore and central office douche bags blog post, suck-up memo, Niehoff to Schwartz and Beth Duffy, 5-30-07, 8:47 p.m.

20. Channel 30 story about Jamfest, douche bag / dirty whore posts, student elections, Schwartz to school board members and staff, 5-25-07, 7:57 a.m.

21. Channel 30 story about Jamfest, douche bag / dirty whore posts, student elections, Schwartz personal account to Schwartz school account, 5-24-07, 10:11 p.m.

22. Tracking, electronic fingerprint on disciplinary records, Schwartz to Bogen, 6-5-07, 3:57 p.m.

23. Tracking, electronic fingerprint on disciplinary records, Bogen to Niehoff and Carabis-Brown, 6-5-07, 2:31 p.m., text missing.

24. Tracking, electronic fingerprint on disciplinary records, Doninger to Leigh Pont, Lazaroski, Bogen, Niehoff, 6-5-07, 12:57 p.m.

25. Tracking, electronic fingerprint on disciplinary records, Schwartz to Niehoff, 6-5-07, 3:56 p.m.

26. Jamfest, discussion of meeting request, Doninger and Niehoff to Schwartz, 6-5-07, 3:44 p.m.

27. Inaccuracies in Avery Doninger's file, Lauren Doninger to Niehoff and Schwartz, 6-5-07, 3:38 p.m.

28. Strategy discussion about Doninger[s], Schwartz to Niehoff, 6-4-07, 7:27 a.m.

29. Stonewalling strategy on Doninger inquiries, Niehoff to Schwartz, includes gratuitous comments about various parents, 6-4-07, 4:35 a.m.

30. Discussion of Jamfest, douche bag / dirty whore posts, student elections, Niehoff to Doninger, 6-3-07, 1:11 p.m.

31. Jamfest, douche bag / dirty whore posts, student elections, Schwartz to Doninger, 6-6-07, 4:47 p.m.

32. Assertion of authority to intervene with outside use of the Internet, Schwartz to board members Jayne Stocker and Beth Duffy, 6-12-07, 9:18 p.m.

33. Discussion, school bosses asserting authority over student use of the Internet outside of school, Stocker to Duffy and Schwartz, 6-12-07, 8:14 a.m.

34. Tampering of Avery Doninger's guidance / college / disciplinary file by direction of Chinni, Niehoff to Bilodeau, 6-5-07, 9:40 a.m.

35. Tampering of Avery Doninger's guidance / college / disciplinary file by direction of Chinni, Bilodeau to Niehoff, "I'll leave a message on your voice mail concerning this," 6-5-07, 9:11 a.m.

36. Discussion of Avery Doninger's files and offices held, Niehoff to Schwartz, 6-6-07, 7:22 a.m.

37. Schwartz directs Niehoff not to respond to inquiries by Lauren Doninger, Schwartz to Niehoff, 6-5-07, 9:44 p.m.

38. Niehoff notes non-response to Doninger, Niehoff to Schwartz, 6-5-07, 6:58 p.m.

39. Request for information, Doninger to Niehoff, 6-5-07, 6:47 p.m.

40. Subject titled, "Something you should know," Niehoff to Schwartz, 6-12-07, 9:20 a.m.

41. Subject titled, "Something you should know," Bilodeau to Niehoff, 6-12-07, 7:44 a.m.

Copies of the 41 citations are enclosed in a package sent today via priority U.S. mail.

I could list quite a few more, but I hope you get the picture. Please also see evidence submitted June 25, including three emails and a letter from Superintendent Beitman. He took the affirmative step to send me three emails that were responsive to the August 2007 requests and complaints.

This massive violation of the FOI law is undeniable. It should shake up any reasonable person, FOI staff member or commissioner. Think of something like Plymouth Rock landing on your head.

THIS IS A TEST Of How The System Works Or Does Not Work …

Thank you very much for your consideration and public service.

Sincerely,

Andy Thibault