DECISIONS

FOI Rules & Regulations Highlights

FOI Rules For Video Taping

FIC LINK	COMPLAINANT	RESPONDENT	COMPLAINT TO FOI	DECISION
FIC2007-116	Frank Loda	Robert Koskelowski	Copy of audio tapes not received promptly	Dismissed
Read Complaint FIC2007-030	Frank Loda	Robert Koskelowski	Non-compliance of FOI order by Koskelowski (See pictures below) Fines cannot be paid for with taxpayer dollars Non-compliance Appeal SEE MOTION ON BOTTOM OF PAGE Koskelowski & Temple Wasted Taxpayer $$$	Guilty - $500.00 Fine Koskelowski & Temple Lose Appeal THEY APPEALED THE JUDGE'S DECISION TO DISMISS THEIR APPEAL FINAL - TOWN WITHDREW APPEAL FINES MUST BE PAID
FIC2006-033	Frank Loda	Robert Koskelowski Att George Temple	Copy of Audio, video tapes and other records regarding video taping of Board Meetings	Dismissed - K Claimed many records didn't exist
FIC2006-032	Frank Loda	Robert Koskelowski Patrick Lombardi John Conroy Jr John Putorti George Temple	Preventing Loda from video-taping from normal up front location and requiring him to go to back of room. Set unclear and intimidating policy. Credible evidence shows respondents are unreasonably targeting complainant, subjecting him to arbitrary and discriminatory treatment. (See pictures below)	Guilty
Read Complaint FIC2005-617	Frank Loda	Robert Koskelowski Patrick Lombardi John Conroy Jr John Putorti George Temple	Preventing Loda from video-taping from normal up front location and requiring him to go to back of room. Set unclear and intimidating policy. Credible evidence shows respondents are unreasonably targeting complainant, subjecting him to arbitrary and discriminatory treatment. (See pictures below) Fines cannot be paid for with taxpayer dollars Taping Decision Appeal SEE MOTION ON BOTTOM OF PAGE Koskelowski & Temple Wasted Taxpayer $$$	Guilty - $500.00 Fine Koskelowski & Temple Lose Appeal THEY APPEALED THE JUDGE'S DECISION TO DISMISS THEIR APPEAL FINAL - TOWN WITHDREW APPEAL FINES MUST BE PAID
FIC2005-615	James Simpson	Michael Metzler Police Chief	Failure to provide a copy of personnel files of Sergeants Dantona, Gittings and King	Guilty - Chief must provide records "free of charge"
FIC2005-602	Frank Loda	Robert Koskelowski	Failure to provide documents regarding the law suit involving a Seymour Police Officer	Dismissed - K claimed he and Temple didn't have the documents requested
FIC2005-596	Melanie Kalako	Robert Koskelowski Patrick Lombardi Paul Rosebrock Bd of Selectmen George Temple	Violated FOI by taking up the issue of a raise for the 1st Selectman without placing the issue on their agenda. "First Selectman's Position" did not reasonably apprise the public the respondents would consider and approve a raise for the 1st Selectman. More taxdollars wasted by Koskelowski & Temple	Guilty - $200.00 Fine Appealed but Case was withdrawn after Temple realized the court was about to deny the appeal
FIC2004-245	Frank Marcucio III	Board of Directors VEMS	Improperly discussed and voted on items not on the agenda, nor placed on the agenda by a two-thirds vote. VEMS found to be a public agency and ordered to follow FOI laws in future .	Guilty Respondent must follow FOI rules in the future
FIC2001-238	John Leon Desiree Pidlipchak William Pidlipchak Tom Cherry Sheree Cherry George Wityak John Poeta Doris Poeta John Behuniak Margaret Sheppard	Seymour Planning & Zoning Commission Town Planner	Alleged that Haynes Construction failed to follow proper procedures regarding the legal notice for their requested zone change. That P&Z did not allow public to question parties at the Public Hearing. That they held an unnoticed meeting prior to its May 2001 special meeting. And, several other concerns were alleged as well.	Dismissed
FIC2000-676	Barbara Zanowiak	Seymour Inland Wetlands Commission	Complained that the Commission violated the FOI Act because they excluded her from "inspection of the site associated with the proposed Regency Woods development.	IW Guilty and ordered to strictly comply with FOI Act in the future.
FIC2000-569	Mary Hyde	Michael Metzler Police Chief	Complainant requested a copy of the overtime and straight time wages for a police employee of the respondent police department for a specific period of time.	Police Chief Guilty Ordered to provide requested information forthwith.
FIC2000-346	Robert Eaton	Seymour Zoning Board of Appeals	Complainant alleged that respondent failed to take votes to set the time and place of several public hearings held in 1999/2000.	Dismissed - did not allege any conduct in violation of FOI
FIC1999-343	Mary Adamowski	Thomas Bunk Mike Gagliardi Kevin Murphy Seymour Parks Commission	Complained that Parks Commission held an unnoticed, secret meeting about the new football/soccer field. That they held a private telephone vote at the meeting. And that they failed to have minutes available for the public.	Guilty on all counts Mmust strictly comply with FOI Act in the future.
FIC1999-016	John Harkins Jr	Frederick Elliott Jr John Falbo Stephen Chucta Gary Freeman Seymour Bd of Police Commissioners	Commission allegedly failed to place complainant's job performance on the agenda or to advise him of possible termination, failing to place reason for executive session in minutes, and denying the complainant right to attend the meeting. Chairman ordered to pay.	Guilty - $50.00 Fine BOPC's actions regarding the Harkins matter declared null and void and Chairman fined for FOI violations. Ordered to strictly comply with rules in future.
FIC1998-290	Robert Koskelowski	Seymour Board of Ethics	Meeting held by Ethics Board without an agenda, went in to executive session improperly, failed to state purpose of executive session in minutes	Ethics Board Guilty on notices but Not Guilty on notice to Complainant - ordered to strictly comply in the future
FIC1998-107	Candee Doneiko	Seymour Police Chief Records Division Seymour Police Department	Complainant requested that the respondent chief allow her "to review and have copies of any and all parking tickets issued for parking violations on New street from 1995 to present. She was denied access to some of the records.	Guilty Chief acknowledged the denial was in error. The Dept delivered copies of the records at no cost.
FIC1997-167	Melanie Kalako	John O'Toole Evelyn Dziadik John Greco Eugene Severn Clifford Strumello Jr Walter Trzcinski Louis Zaccaro David Sharkey	Finance Board Chairman appealed to the FOI Commission alleging that the respondents violated the FOI Act by discussing a topic that was not on the 5/6/97 meeting agenda without voting to add it by a two-thirds vote of the board present and voting. O'Toole ordered to pay fine.	O'Toole Guilty - $500.00 Fine The respondents shall henceforth strictly comply with the FOI statutes.
FIC1997-086	Frank Loda	Seymour 1st Selectman Seymour Board of Selectmen	Respondent Board knowingly failed to obtain a two-thirds vote to add two new items to its agenda. And, the 1st Selectman failed to provide the complainant with a copy of the meeting tape promptly. The Commission stated "The ignorance of the FOI Act demonstrated by the respondents in this case is inexcusable. The Commission notes that by not knowing the law and then by not resolving this matter when the requirements of the law were recognized, the respondents are responsible for the waste of taxpayer money and valuable resources of this Commission."	Guilty as charged. FOI Commission chastised Board for wasting taxpayer's money.
FIC1996-571	Frank Loda	John O'Toole Evelyn Dziadik John Greco Eugene Severn Clifford Strumello Walter Trzcinski Louis Zaccaro Seymour Board of Selectmen	Complainant alleged that the 1st Selectman and the board recessed and assembled in the 1st Selectman's office to discuss complainant's position on the Police Commission. And, the BOS went in to executive session over the objections of the complainant who wanted a hearing open to the public. They claimed the Loda matter was never discussed in the Selectmen's office.	FOI Commission ordered that "henceforth the respondents shall conduct all of their meetings in strict conformity with the FOI Act requirements.
FIC1995-203	Sharon McGrath	Seymour 1st Selectman	Requested respondent provide a detailed selectmen's budget as submitted and then approved, and a copy of the written report on companies currently receiving SMART tax abatements.	Respondent must comply with FOI Act - failed to provide copies promptly - dismissed complaint about budget documents he did not have in his possession.
FIC1995-091	Joseph Iaco	Seymour Board of Selectmen	Claimed  Respondents violated FOI Act for filing minutes of its meetings late for four of the last six meetings held by the respondents. Commission found that appeal was taken frivously, without reasonable grounds, and solely for the purpose of harassing the respondent. Admonished Complainant and levied	$150 Fine. Dismissed complaint because complainant never showed up for hearings.
FIC1995-080	Peggy Messina	Seymour Board of Selectmen	Alleged that respondents convened an executive session in violation of the FOI regulations, denied request to discuss grievances in open session, failing to vote in open session and to record its vote in the meeting minutes properly.	Respondents found Guilty Ordered to comply with the FOI Act in the future.
FIC1994-145	Richard Gittings Seymour Police Union Local #564	Seymour Board of Police Commissioners	Accused BOPC of improperly discussing Gittings in an executive session without prior notice, convening an unnoticed meeting following conclusion of scheduled special meeting, and denying complainants access to records	Appeal not filed within 30 days and part of the complaint dismissed - ordered BOPC to provide requested records.
FIC1993-133	Robert Koskelowski	Seymour Board of Finance	Alleged the BOF violated FOI by failing to give adequate notice of business to be conducted at a special meeting and voted illegally to send budget to annual town meeting - stated agenda was misleading because it said budget deliberations and a vote was taken but not noticed - he informed BOF action was improper.	BOF Guilty Of voting on an item not previously noted on its agenda.
FIC1993-113	Joanne Pelton	Seymour Ambulance Association	By letter of complaint complainant alleged they were denied access to the april 22, 1993 meeting of the respondent.	Guilty Found SAA a public Agency - for not acting in strict compliance with FOI Act.
FIC1993-100	Robert Koskelowski	Seymour Board of Finance	Complained about minutes not being filed accurately and on time - to keep tape recordings of meetings in town hall office - overcharging for 2 tapes - failing to make available a copy of budget line item breakdowns.	Guilty Ordered to correct minutes, and provide copies requested and not yet provided, and follow FOI rules in future.
FIC1990-265	Lawrence Ouellette Jr Frank Loda	Robert Koskelowski Bruce Baker Roberta King Albert Leiper Harry Marks Michael Rapuano Seymour Board of Selectmen	Alleged respondent illegally held an executive session to discuss vacation time and minutes not timely filed. And, executive session was not limited to members of the respondent board.	Discussion on employment of 1st Selectman OK but general vacation time, outside members, late filings are improper - Guilty - ordered to follow FOI laws in future.
FIC1988-158	Stephen Winters Post Telegram	Robert Hardy Richard Ostaszeski Harry Marx Frank Loda Board of Police Commissioners	Alleged the Commission met in  executive session for impermissible purposes. After an explanation, the complainants agreed meeting was held for permissible purposes. Agenda was vague but board has taken steps to correct problem in future.	Board shall act in strict conformance with FOI rules in future.
FIC1987-73	James Collon Paul Marshall	Seymour Board of Police Commissioners	Complainants claimed respondent board went in to executive session to discuss position of detective and talked about them - were never notified nor given opportunity to discuss in open session.	Found they knew they could be discussed but that respondents did not give them formal notice or the right to have an open session.
FIC1987-064	Seymour Housing Authority Tenants	Seymour Housing Authority	Complainants failed to appear and present case.	Dismissed
FIC1987-060	Rick Martin	Seymour Fire Marshall	Complainant made an oral request for a copy of the report on a fire - respondent Marshall said report was not yet ready - kept documents at his home - fee charged for copies was too high	Marshall ordered to file document in town clerk's office - shall have an FOI staff member come to Seymour to acquaint town with FOI procedures.
FIC1986-098	Robert Kulas	Seymour Board of Ethics	Alleged that respondent Board failed to adopt rules for its procedures and held a meeting without a quorum to discuss a complaint against him in violation of the code of ethics.	Dismissed since FOI lacks jurisdiction in matter.
FIC1986-064	George Jordanides	Seymour Board of Police Commissioners Board of Selectmen	Respondents attended and participated in a special meeting without proper notice and agenda - no one planned or intended to meet together.	Dismissed - but joint meetings must be noticed in the future.
FIC1985-220	Bailey Cook III	Seymour Board of Police Commissioners	Failed to prosecute	Dismissed.
Advisory #41	Seymour Town Counsel	-	Questioned procedures for a meeting by telephone or other electronic equipment - what public access is required when BOF conducts a poll on an appropriation involving $1,000 or less, what is time period for filing results of poll since there are conflicting statutes	-
Advisory #28	Anna LoPresti	-	Is it proper to bring any matter before a regular meeting under the agenda item - "to consider and act upon any other business proper to come before said meeting."	-
AnalysisStatewide-Conclusions	-	-	Survey results about the Freedom of Information Commission and its effectiveness	-
-	-	-	** The descriptions of the complaints and the decisions are representative of the case structure but do not include all the data in the report. Please read the reports and draw your own conclusions about the details and results.	-

FOI CASE APPEALS

Taping Decision Appeal

Non-compliance Appeal

State Elections Enforcement Commission (SEEC)

DECISIONS

Lombardi - File 2006-101

ATT TEMPLE & 1ST SELECTMAN KOSKELOWSKI ARE WASTING TAXPAYER'S DOLLARS!

FLASH! - TEMPLE & KOSKELOWSKI LOSE CASES IN COURT!

        The Town appeals for three (3) FOI cases that our high priced attorney LOST at the FOI hearings are being RESOLVED in court. The latest information indicates that the town WITHDREW their case against Kalako when Att. Temple realized he was about to LOSE AGAIN! This is very expensive for the taxpayers. Every time Att. Temple produces a writ, a brief, an appearance, etc. he charges the Town for legal fees. Over the past three years, at least, he has received an average of OVER $75,000.00 per year as a PART-TIME Attorney. The Town has incurred expenses of well over $25,000.00 on these cases alone. And yet, the complainants who WON their cases in Hartford (Melanie Kalako and Frank Loda), have not had to pay for Attorney's fees because they didn't use one! Makes one wonder about the arrogance of Koskelowski's outlandish decisions as well as the competence of the ineffective defense of his and the Board of Selectmen's actions.

        Since the Board of Selectmen never voted to approve these expensive appeals, Seymour's taxpayer's should not be responsible for unnecessary legal fees for the defense of activities that most agree are egregious and vindictive! Koskelowski and Temple should return these costs to the taxpayers.

OFFICIALS CAN'T JUST IGNORE FOI RULINGS!

       The local newspapers are right on target when they opine that 1st Selectman Koskelowski should stop his discriminatory   activities against videographer Frank Loda and start following State Statutes regarding taping of town meetings. Two $500 fines have been levied against Koskelowski and several Republican Selectmen ... and they still don't get the message. By the way, these fines are not paid for by the town. Koskelowski, Conroy Jr, Putorti and former Selectman Lombardi must pay these costs out of their own pocket. Att. Temple's legal fees for losing all these cases are town costs.

       Koskelowski appealed the 1st FOI complaint and has now appealed the 2nd one also. He never received authorization from the Board of Selectmen to waste taxpayers money in this manner. He did that all on his own. The same happened when he appealed the $200 fine for Melanie Kalako's case as well. That makes three frivolous court cases! It appears That Koskelowski sees Seymour as his own fiefdom and will do whatever he wants to, when he wants to. That is why the town is wasting taxpayer dollars on legal fees. It can stop whenever Mr. Koskelowski decides to stop breaking the rules. Its time for the taxpayers to step up and finally vote this self serving politician out of office!

"STATE FOI PANEL RARELY ISSUES FINES"

Excerpts from recent Associated Press Article

     "State records show the FOIC found 219 violations of Connecticut's law on public records and meetings from 2004 to 2006, but issued only seven fines ranging from $50 to $500. The commission can impose fines of up to $1,000. During the same period, it received nearly 1,900 complaints and ruled on 575 cases.

      In December, for example, the FOIC fined several top (Greenwich) Seymour officials $500 (collectively) apiece for preventing a citizen from video-taping a December 2005 Board of Selectmen meeting from his usual taping location, among other violations. The FOIC said town officials were unreasonably targeting the person and subjecting him to arbitrary and discriminatory treatment."

THIS MESSAGE IS LOUD AND CLEAR!

     Seymour has earned the distinct honor of receiving 2 of these seven fines, with 1 being the highest levied in the past 2 years. 1st Selectmen Koskelowski, Selectmen John Conroy Jr, John Putorti and former Selectmen Pat Lombardi and Paul Rosebrock must be real proud of themselves for earning that honor. Town Counsel Temple escaped the fine only because, as an attorney, he is not an official member of the Board of Selectmen. Let's hope these individuals have learned their lesson and will start respecting all the General Statutes of the State of Connecticut.

KOSKELOWSKI'S DISCRIMINATION POLICY ON DISPLAY!

 

 

 

 

 

 

 

CHANNEL 3 UP FRONT - CROWDED FIRE EXITS!

 

  

 

 

 

 

 

SPELLCHECKER? - TEMPLE'S TABLE BLOCKS AISLE!

 

 

 

 

 

 

 

MEDIA TABLES NOW NOT USABLE - TEMPLE'S CHAIR BLOCKING AISLE!

 

 

 

 

 

 

 

TABLE 5" FROM FIRE EXIT

NOW ... KOSKELOWSKI HAS APPEALED FOI DECISIONS ???

     1st Selectman Koskelowski sent Town Counsel George Temple to court to initiate an appeal against the Freedom of Information decision that favored complainant Melanie Kalako. How arrogant was this? Koskelowski is willing to pay his friendly attorney potentially thousands of dollars, using taxpayer money, so he and other Selectmen won't have to pay a $200.00 fine. Does that make any sense? Then, without batting an eyelash, the 1st Selectman avoided the rules again when he never sought approval from the Board of Selectmen to initiate the appeal in the first place.

      Recently, Koskelowski also appealed only one of the two Frank Loda "video taping policy" decisions. That makes no sense! Seems like Bob just doesn't get the message. The 1st Selectman had a dilemma on his hands. He was fined by the Freedom of Information Commission for breaking the rules, so he decided to break the rules again in order to try and appeal the decision that found him guilty of breaking rules in the first place. Sounds like a Yogi-ism! A recent Connecticut Post editorial correctly commented that Koskelowski's most recent actions came "despite a State Freedom of Information Commission ruling ... which found that Seymour First Selectman (Koskelowski) was completely without merit to order such an obvious impugning of the public's right to have a record of these meetings" and that "it sounds like something from some Third World dictatorship." We agree whole heartedly.

"IT'S THE LAW OF THE LAND" ... Tom Hennick, FOI Spokesman

1st Selectman Koskelowski and Att. Temple disagree with the ruling!

The "arrogance of tenure" is running rampant in the town of Seymour.

TOWN COUNSEL: It was found that the Freedom of Information statutes do not identify the Town Counsel as a Public Agency within the meaning of 1-200(1), G.S., and that he is not a member of the Board of Selectmen. As a result, the complaints brought against the Board of Selectmen members are not applicable to Attorney Temple and they were removed from consideration and dismissed. This decision accurately interprets the law the politicians passed but also illustrates how the large number of lawyers elected to our legislature can influence the regulations we must live by. It appears that contracted town counsels, unfortunately, don't have to follow the same laws our elected officials do when it comes to the FOI statutes.

 

FOI'S MOTION TO REJECT MOTION

TO REOPEN VIDEO TAPING CASES

Back To Home Page