After watching Town Attorney Ira Bloom’s presentation to the Board of Selectman this past Tuesday, it is important to correct the record with respect to the 2021 FOIA complaint that I had lodged against the Town.
Town Attorney Ira Bloom at the Sept. 6, 2022 Board of Selectmen meeting. Zoom screenshot
The gravamen of my complaint related to 129 responsive public records that were withheld from production. To obtain access to those public records, I was required as a matter of administrative law to file a complaint with the FOI Commission and attend a public hearing. One of the principal outputs of that public hearing was the FOI Commission hearing officer ordering the Town to produce those withheld records for in camera review. After completing her independent review of those public records, as the New Canaanite has accurately reported, the hearing officer publicly issued a proposed final decision to the FOI Commission finding that the Town failed to prove that 15 of those 129 withheld records were exempt from public disclosure and that “[a]ccordingly, it is concluded that the respondents violated the FOI Act by withholding such records from the complainant.”
As the next step in the administrative law process to obtain those improperly withheld public records, I then attended a public hearing before the entire FOI Commission where the hearing officer’s proposed final decision was reviewed and discussed. During that public hearing, Attorney Nicholas Bamonte with Bercham Moses made a series of flagrant misstatements and mischaracterizations to the FOI Commission regarding the gravamen of my complaint, discussions with the FOI Ombudsman, and substance of the earlier FOI Commission hearing officer proceedings. Shortly thereafter, I received a call from the Executive Director’s Office at FOI regarding Attorney Bamonte’s conduct at the public hearing. That office recommended that I formally withdraw my 2021 FOIA complaint and issue a new FOIA request for the withheld public documents which I did.
Suffice it say, I then received in relatively short order from Mimi Pitt the 15 identified public records that had been withheld by the Town in violation of the FOI Act. Ironically, those 15 public records were immaterial as a substantive matter to my original FOIA request; a surprising development given the Town’s stonewalling and Attorney Bamonte’s subsequent unethical conduct before the FOI Commission. As other New Canaanites have commented in other contexts, it is unclear who within Town Hall is managing Berchem Moses. In my view, they have run amok, and to the detriment of the Town and its citizens. As attorneys themselves, I would expect Kevin Moynihan and Nick Williams to more competently manage New Canaan’s chosen external counsel.
Elections have consequences.
If I read the OpEd correctly, it was determined by an impartial judge that only 15 of 129 documents initially requested should have been disclosed in the first instance and it is admitted that these were 15 documents were immaterial to the topic that you were concerned about. If I have this right, it is hard for me to understand what the complaint is about?
The op-Ed language (“run amok” “stonewalling” “unethical”) seems wildly overblown in view of the reality.
Lack of transparency in government can lead to legitimate questions as to whether those wielding governmental authority are doing so fairly and in the best interests of the community. The notion that the town and their counsel would put up significant obstacles to the disclosure of even the most immaterial of documents does not inspire confidence in the fair administration of governmental authority.
I encourage people to learn more about the CT FOIA laws and system https://portal.ct.gov/FOI. It includes lesson plans for H.S. students if people are so inclined as well.
An interesting quote from James Madison is in the material (I appreciate people have a variety of views on him) is “A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both…. A people who mean to be their own Governor, must arm themselves with the power which knowledge gives.”
Another interesting FOIA piece of trivia is Rep. Rumsfeld House R-Illinois was a supporter of the original Federal Bill with Rep. Moss House D-California considered the ‘father’. It sounds like President Johnson D-Texas was not a fan of the law but signed it anyway – with a national security carve out signing statement. State laws take inspiration from the Federal law.
This is not a partisan issue – we should have as open a governmental system as possible / practical – it is better for us all and costs a whole lot less to administer.