FOI Requests for Confidential Information Escalates in Email Feud

The ongoing requests by Common Council member Gerry Daley for unredacted versions of communications concerning the recent investigation alleged harassment and discrimination in the mayor's and city attorney's office, has spawned a feud between the mayor and Republican Common Council member Sebastian Giuliano.

To recap, the investigation was originally launched by the Common Council after complaints that a female city employee was being treated differently than male counterparts in a job re-evaluation.

Daley's latest request (click to enlarge)

The investigation could not conclude that the mayor unduly influenced the process since testimony on both sides of the argument conflicted.  However, the investigating attorney, Penny Mason noted that nearly two dozen City employees had voluntarily testified about problems in City Hall.  Mason's report made several suggestions for improvements in process and communications at City Hall.  In addition, the original complaint is still being considered by the Connecticut Commission on Human Rights and Opportunities.

Since the report was released, Common Council member Gerry Daley has relentlessly continued his pursuit of additional information about billing and communications during the probe He requested confidential information at the time the report was released, and later introduced resolutions at a Common Council meeting to demand the information.  Those resolutions failed resoundingly.  Most of Daley's Council colleagues believed that the information he has requested is confidential, and that revealing it would have a chilling effect on any future city whistleblowers.

Daley then filed a Freedom of Information (FOI) request for some of the information.

Daley's efforts to obtain the information continued this week with a new, sweeping FOI  request for information to identify all those who communicated with the team investigating the Mayor's personnel actions:

I am requesting ... all e-mails sent through City of Middletown e-mail servers between January 2, 2018 and October 9, 2018 to and/or from ... @leclairryan.com (the law firm hired by the council to investigate Mayor Drew and the General Counsel office). This includes all e-mails to and/or from any City of Middletown official or employee.

See full request in image above.

Because the underlying investigation included the General Counsel's office, the city has hired an outside legal firm,  Bill Connon and Mark Sammaruga of Pullman and Comley, to advise the city as to which documents can and should be released under the FOI statutes.

The Middletown Eye submitted two requests under FOI that are also related to the investigation. This includes a request for communications between the Mayor's office, the General Counsel's Office, and an outside attorney who was cited as claiming that there was no confidentiality in the communications between city employees and the firm hired for the investigation. 

In addition, the Mayor submitted a FOI request for documents relating to the investigations.  

All 5 of these FOIA requests are being evaluated by Connon and Sammaruga. 

Drew demands a response (click to enlarge)

The mayor has now set a deadline of next Monday for the requests to be fulfilled.

Drew ordered the City Clerk Ashley Flynn, the Common Council Clerk Linda Reed, and the IT Director Bryan Skowera to provide all of the documents to all of the requestors.

This led to a heated email exchange between Giuliano and Drew.

Giuliano objects (click to enlarge)

Giuliano objects that fulfilling the request for confidential information was "contrary to the expressed will of the Council."

Drew attacks Giuliano (click to enlarge)

Drew tells Giuliano, "you cannot outrun the law."

Giuliano asks Drew, "When did your instructions evolve into 'state law'?"

Giuliano responds (click to enlarge)