Town Loses FOI Commission Ruling on Attorney Invoices

Steve Ballok filed a complaint against the town of Monroe and its finance director under the Freedom of Information Act on June 29, 2012, claiming town officials gave him "the runaround" when he had asked to see all invoices for hours billed by Town Attorney Jack Fracassini over the past three years.

On May 22, 2013, the FOI Commission ruled in Ballok's favor, instructing the town to turn over all information he requested, to not require people to submit requests to inspect public records in writing nor require that any such request be made to the first selectman.

"Any such failure to comply with the inspection provisions of the FOI Act in the future, including not just the respondent Finance Director but also the Town of Monroe, may be viewed by the Commission as grounds for the imposition of a civil penalty," hearing officer Victor R. Perpetua wrote in his decision.

The town was also ordered to arrange for an FOI training session for town hall staff. Here's a link to the final decision.

On Wednesday, First Selectman Steve Vavrek said he intends to arrange for a training session for town hall staff, and added he has done so before.

"I do respect people's rights to ask for information," Vavrek said in a telephone interview. "With the exception of cases where there are security or legal issues, people have a right to know everything else."

"Look at the horrific things they tried to get out of Newtown," the first selectman added of FOI requests for information on the school shooting of Dec. 14.

Ballok's Timeline

Ballok asked Finance Director Carl Tomchik to allow him to view the information on June 8, 2012 and said he was going to comply on  June 12, after gathering all the invoices. However, Ballok received an email from Tomchik later on June 8 saying Fracassini told him the request should be in writing and directed to the First Selectman's Office.

Ballok filed a formal FOI complaint on June 26, 2012 — which was received on the 29th — and claims he did not hear anything from the town until Fracassini copied him on a letter on Sept. 5, 2012 informing the FOI Commission that Fracassini would be representing the town in the hearing, according to Ballok.

Vavrek's administrative assistant, Vida Stone, contacted Ballok on Sept. 11, 2012 telling him the information he requested was available for him to inspect.

After a series of emails where Ballok tried to find answers on whether anything had been redacted and to agree on a date for him to come to town hall, Ballok saw the records on Nov. 13, 2012.

But Ballok said it was incomplete because no invoices after Feb. 29, 2012 were included and "invoices dated 1/31/2010, 4/26/2010 and 6/29/2010 were not original Town Documents but rather copies and were not time stamped ... as were all other documents."

'Nobody's Trying to Hide Anything'

In response to the FOI Commission decision that there be no requirement that any request to inspect or copy public records be made to the first selectman, Vavrek said, "It's more of a formality than anything else. I would like to know who's filing them. Other than that, they can file anything. Everything is turned over."

However, Vavrek noted there are times when information cannot be gathered in the way it is requested right away and more time is needed. 

"It can be a tremendous burden to the staff," he said. "Sometimes it takes a little longer than maybe it should. This administration has done nothing but try to get people information. Nobody's trying to hide anything."

Fracassini said, "It just wasn't worth the town's time to appeal the matter. As far as I’m concerned, it’s over and done with and we'll move on with things."

Fracassini did say he and the hearing officers disagreed with when the clock started ticking on Ballok's request. Ballok said Fracassini's position was that it started when Ballok made his complaint, but the officer said it did at the moment Ballok first asked for the information. 

"I had some issues with the way this was handled in terms of what Mr. Ballok was looking for and what was provided," Fracassini said. "It went before the commission and we waited two months for the decision."

The 'Unlawful Decision'

In a statement about the FOI decision, Ballok said:

When this matter began on June 8, 2012, Monroe's Director of Finance, Mr. Tomchik, actually made arrangements with me to release the information I had requested. That all changed when, seemingly to keep his own billing records away from public view, the Town Attorney interjected himself into the process.

It was Fracassini who made and stood by the unlawful decision to insist that my request be made in writing and that it be directed to the First Selectman. In his hubris, Fracassini would take this matter all the way to the Freedom of Information Commission of the State of CT where he and the Town of Monroe were ultimately found to be in violation.

Along the way, Fracassini charged the Town of Monroe more than $1,700 to litigate this problem which he himself created.

This is not the first time our Town Attorney has played such a role, where on his order, requests to access public information have wrongfully been denied and then Fracassini subsequently bills the Town of Monroe for his involvement. The only honorable and ethical action for Mr. Fracassini to take now is to return those funds.