Middletown mayor gets record access

MIDDLETOWN – A final decision from the state Freedom of Information Commission orders a subcommittee of the Common Council to release some but not all documents requested by Mayor Daniel Drew related to a harassment investigation within city hall.

The commission recently ruled that the majority of the documents requested by Drew are indeed subject to attorneyclient privilege and do not need to be released. The commission also ruled that the city can redact the names and job titles of current city hall employees.

“It is further found that the records, or portions thereof…contain legal advice that the respondents sought and/or received from their attorneys,” the ruling said. “It is further found that the respondents were acting within their scope of their duties with regard to current agency business when they sought and/or received this advice. It is further found that the communications were made in confidence. It is further found that the respondents did not waive their attorney-client privilege.”

The complaint stems from an incident that began in December 2017, when a city employee filed a complaint against Drew alleging discrimination. The common council hired an outside law firm, LeClairRyan, to investigate the complaint. It also created a special investigation subcommittee comprised of Common Council members Mary Bartolotta, Sebastian Giuliano and Thomas Serra.

Attorney Margaret Mason was hired to investigate the discrimination and harassment claim and in August 2018, she reported to the Common Council that she found no evidence of gender-based discrimination in city hall.

That same month, Drew requested copies of all emails, text messages, calendars, written communications in any form, unredacted legal bills and cell phone logs related to the investigation between subcommittee members, employees of LeClairRyan and any Middletown city hall staff. Drew also requested a copy of the meeting notice, agenda and minutes of a subcommittee meeting that he believed had been held illegally.

Mark J. Sommaruga, the lawyer hired by the city to coordinate between Drew and the council, said he provided the documents to Drew in December. Drew told the commission in January that he didn’t believe the records were all the documents he was entitled to and asked the commission to mandate the common council to provide him with all the records. He also alleged that the subcommittee had held an illegal meeting in June 2018.

During the January hearing, Drew argued that the lawyer was hired to work as a fact finder and refuted the council’s claim that the documents could be protected by the attorney-client privilege. He also said the committee held illegal meetings and that the investigation was beyond the council’s authority.

The commission’s ruling found that only some of the documents Drew requested were subject to Freedom of Information laws and that the names and jobs of city hall employees who spoke with investigators could be redacted.

“Based on the testimony of Councilman Giuliano, it is found that the Common Council specifically hired an investigator who was an attorney because it wanted legal advice,” the commission’s ruling said.

Drew had also argued that the subcommittee held an illegal meeting in August 2018. However, the commission ruled that because he filed his Freedom of Information Act complaint in October 2018, and not within 30 days of the meeting, they have “no jurisdiction over this portion of the complaint.”

The commission also ruled on a complaint filed by Common Council member Gerry Daley. Daley requested copies of emails and legal invoices related to the investigation. The commission ruled that the subcommittee had to provide Daley with the legal invoices but could also redact the names of city hall employees.

Kathleen McWilliams can be reached at kmcwilliams@courant.com.