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Monday, January 16, 2012

THE WATCHDOG WITHOUT ANY TEETH


If every time you were caught speeding you knew that you would never get fined, would you change your behavior and slow down? Most likely not since you know there would be no repercussions to your actions.

That is pretty much the reason many municipalities, Hartford included, seem to not take the Freedom of Information Commission seriously.

Let me just state this up front to make this clear, the staff members at the FOI Commission Office are some of the most helpful people that I have ever dealt with on the State level. They are always responsive when I call to ask a question and they go out of their way to provide decisions to support one side or the other.

The actual members of the Commission are a totally different case. Their decisions many times seem to defy common sense and they seem terrified to actually impose fines even when the FOI decisions are clearly a violation of the FOI law. The first time a violation occurs by a City or town I can understand their intent to educate, but aren't they tired of seeing the City of Hartford at the table in front of them defending their defiance of the FOI laws?

The sad part is that the FOI laws are not difficult to interpret, a quick search of the FOI website will usually provide a similar case that should answer any questions as to whether documents can be denied to the public or not.

A recent case is attached below where I requested documents from the Hartford Police Department and was denied the documents. The Corporation Counsel's Office claimed that the documents were exempt under the law because they were "part of an ongoing investigation". Apparently they forgot to read the rest of the statute where it states when those documents can result in criminal charges. In the documents I had requested it was clear that they were purely an administrative matter and there was no criminal matters involved. HPD Internal Affairs Commander Lt. Rob Davis even testified to that at the FOI hearing.

In another matter when I had requested documents under an FOI request, it was stated by a City Official "make him go through FOI to get it. It will be at least a year before he gets it and then it won't be worth anything". Maybe some fines and some backbone on the part of the FOI Commission members might change that type of thinking.

FOI Final Decision Dailey

9 comments:

20n out said...

Kevin you weren't shocked by DKR shady move when he didn't present the requested documents you asked for. Now change will come. Buyak for Chief....����

Demoter said...

Looking back now, I wonder if Captain Bernier wishes he would have done anything different.

Richard Nixon said...

I understand Bernier got a special pardon from Chief Roberts who ended his probation a couple months prematurely right before his retirement.

KEVIN BROOKMAN said...

I think for anyone who took the time to read the documents I obtained, it is pretty clear why the City fought so hard not to release them. They paint an embarassing picture of a supervisor hell bent on getting his "pound of flesh" out of Daley without regard to the facts or the truth.

Anonymous said...

Daily is a good dude. There are dozens of others who bleed this dept dry and lower morale I hope the mayor and new chief put an end to this so called selective accountability. But then again i wont hold my breathe. Daily for chief !!!

Anonymous said...

Bernier is a good leader that got caught up in some politics. Any one else in his positon would have done it. Bernier is not about money, he is a worker. I also like Daily a lot, it is not his fault robles was altering his time cards. There still is not a set plan to regulate the cards. So the same thing goes on, along with the whole Captains that get hired by the meadows and the civic center.

Anonymous said...

Patrol is where the men are. Not hiding in Headquarters polishing apples from Glastonbury....

Anonymous said...

When did reathis get stuck in his car on wethersfield ave ? At least he was on a 59 in his area. And not hiding inside like others .... The mayor should order everyone on the street. But then there will be an overload of workers comp injury claims ....

The Rock said...

Kevin you need to ask for the probationary evaluation forms for Capt. Bernier, since DKR gave him a " pardon" and to make it look good he gave everyone who was promoted at the same time an early Xmas gift by taking them off probation three months early. Also, ask for the Dailenara mails to the commander of IAD relative to Berniers "touching incidents" and don't forget to ask for the super secret Ciizenski memo, where the then probationary Capt. Gets not only one free pass for violating a Chiefs order but two and then gets a memo documenting the whole thing with a free pass and a warning. If that was anyone else they would of been demoted and written up.
Things haven't changed and they won't until a new leader is named and it can't come soon enough.
So get ready for the smack down because it's coming. So this temparory command staff needs to shut thier hole and know their role. If you can smell what the Rock is cooking.