Lawsuit still on table for former New London police secretary
City accused of willfully not redacting medical info in CHRO complaint
New London — The state Commission on Human Rights and Opportunities, or CHRO, has dismissed a complaint filed by former police secretary Cynthia Olivero in May, paving the way for Olivero to sue the city.
The complaint accuses the city of intentionally not redacting embarrassing medical information when it gave The Day a separate CHRO complaint Olivero filed in June 2015.
In its review of Olivero’s May complaint, CHRO said it didn’t have jurisdiction over the case and said it couldn’t make “any comment upon the propriety of providing the specific documents to The Day as requested.”
CHRO said it’s possible the city violated terms of the settlement related to the 2015 complaint when it gave The Day the document but a court would have to decide that. CHRO also said it has no jurisdiction over matters related to the Freedom of Information Act or the Health Insurance Portability and Accountability Act.
CHRO gave Olivero 90 days from Sept. 10 to bring an action against the city.
Reached by text message Friday, Olivero declined to comment because she’s in talks with the city and hasn’t ruled out a lawsuit.
In a May 15 letter telling city officials of her intent to sue, she said the release of the medical information caused her “emotional distress” and “was not of any legitimate public interest.”
In the 2015 complaint, Olivero said police maliciously failed to accommodate her multiple sclerosis when they moved her from the third to the second floor as part of a staff reorganization.
Olivero said the city could have redacted the specifics because of the Perkins v. the Freedom of Information Commission ruling, which de-
clares “personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy” are exempt from the Freedom of Information Act’s disclosure requirements.
Olivero said she believes the city released the document in full to retaliate against her for filing it.
Olivero, now employed by the city-operated senior center, worked at the police department from 2008 until October last year, when she was transferred at her request.
A 2015 internal investigation found she violated five department regulations by keeping files in her desk that shouldn’t have been there. Olivero wasn’t disciplined.
While the 2015 investigation was ongoing, Olivero said she fell on the then-dilapidated stairs behind the police department. She filed a worker’s compensation claim for what she said was a large bump on her head and severe lower back pain. Olivero has said she hired a lawyer in the case before the internal investigation began.
City Risk Manager Paul Gills said in June the city had spent about $203,150 on related expenses and would spend more because Olivero’s treatment is ongoing.
The city also agreed to a $54,000 settlement in the 2015 CHRO case. Officials denied failing to accommodate Olivero’s medical condition and said they settled to avoid further legal costs. The city spent about $15,500 on legal advice, Gills said.