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Press release revised mandamus

 

 

 

PRESS RELEASE

Contacts:  

Dana Evans 633-0000

Karen Emerick 633-7667  

March 21, 2006

 

 

 

TWO LAWSUITS (WRITS OF MANDAMUS) FILED

 

 

AGAINST GLASTONBURY’S ETHICS COMMISSION

 

 

 

 

Writs of Mandamus

Two lawsuits were filed today in Hartford Superior Court against the Town of Glastonbury’s Ethics Commission. The suits allege the Commission violated the Town’s Code of Ethics and refused to allow members of the public to file an ethics complaint and a request for an advisory opinion. The Writs of Mandamus were filed by lifelong Glastonbury residents Karen Emerick and Dana Evans. A Writ of Mandamus is a court action that is brought to enforce legal rights. Emerick and Evans were forced to file the Writs as they have exhausted every effort to bring the Glastonbury Ethics Commission into compliance with the Town’s Code of Ethics. Their efforts include numerous complaints and related hearings before the State’s Freedom of Information Commission, as explained below. 

 

Code of Ethics

The Code of Ethics was adopted by Glastonbury’s Town Council on July 8, 2003.  The Code mandates that the Ethics Commission establish procedures that “specify how the public may initiate complaints alleging a violation of the Code or requests for advisory opinions.”  On March 8, 2004, the Ethics Commission adopted “Procedures of The Ethics Commission”.  Subsequent to March 8, 2004, the Ethics Commission amended their Procedures seven (7) times, with the latest amendment on January 9, 2006.  Nowhere within their Procedures can the public determine what and when specific amendments were made by the Ethics Commission. What is apparent, however, is that to date, the Ethics Commission has failed to incorporate within their Procedures any provisions for members of the public to file complaints or requests for advisory opinions.    The only access the public has to the Ethics Commission is through an “inquiry” process.

 

Ethics Complaint and Request for Advisory Opinion 

On August 23, 2004, Emerick filed an ethics complaint.  Subsequently she received a letter from Commission Chairperson Alexandrina Sergio stating that the Commission would not accept complaints directly from the public.

 

On October 15, 2004, Evans requested an advisory opinion concerning the newly adopted Code. She wanted to know if a particular section of the code would allow public officials to represent developers and others doing business with the Town.   Like Emerick, Evans subsequently received a letter from Commission Chairperson Alexandrina Sergio refusing her request and stating that requests for advisory opinions are limited to employees, officials or those doing business with the town of Glastonbury.                                    

 

Executive Session

Both Emerick and Evans attempted to attend the Ethics Commission meetings where their matters were discussed, but were prohibited from doing so, as the meetings were held in executive session, which excluded the public.  

 

Freedom of Information Commission Rules Executive Sessions Illegal

Emerick and Evans both filed Freedom of Information complaints concerning the executive session meetings alleging the discussions of their matters were improperly held in executive sessions and should have been open to the public. They won their cases before the Freedom of Information Commission.  The Glastonbury Ethics Commission was ordered to disclose what transpired during the illegal meetings to the same extent as if the public were present.

 

Glastonbury Ethics Commission Fails to Comply with FOIC Order

Emerick and Evans have recently filed non-compliance complaints with the Freedom of Information Commission alleging that the Ethics Commission did not comply with the orders of the FOIC directing complete disclosure of the two illegal executive sessions.

 

Emerick and Evans have consistently won FOI complaints Against the Ethics Commission 

The Freedom of Information Commission has repeatedly ruled in favor of Emerick and Evans, who have filed additional FOI complaints against the Glastonbury Ethics Commission over the course of several months. According to the FOIC decisions, the Ethics Commission or its sub committees have held more than 60 secret illegal meetings, several illegal executive sessions or closed meetings where the public was not allowed to attend, failed to provide access to public records, conducted illegal voting in executive sessions and failed to file minutes of meetings.                              

 

Last Recourse, Writs of Mandamus

As the aforementioned illustrates, over the course of nearly three years, Emerick and Evans have repeatedly attempted to bring the Ethics Commission into compliance with Glastonbury's Code of Ethics as adopted in July, 2003.   Having exhausted nearly all recourses available to them, they now are seeking the Writs of Mandamus which they believe will successfully mitigate this matter in the interest of all Glastonbury citizens who are entitled to file a complaint against any public official/employee or request an advisory opinion concerning any public official/employee.

 

Emerick and Evans believe that all citizens have the right to honest and open government through the implementation of reliable Ethics Laws.   

   

For Glastonbury Code of Ethics:

http://www.glasct.org/Public_Documents/GlastonburyCT_WebDocs/ethics?textPage=1

 

For Freedom of Information Decisions:

http://www.state.ct.us/foi 

See Docket #FIC 2004-386  Emerick v. Glastonbury Ethics Commission

                   #FIC 2004-406  Emerick v. Glastonbury Ethics Commission

                   #FIC 2004-447  Emerick v. Glastonbury Ethics Commission

                   #FIC 2004-513  Evans v. Glastonbury Ethics Commission

                   #FIC 2005-004  Emerick and Evans v. Glastonbury Ethics Commission

                   #FIC 2005-053  Emerick and Evans v. Glastonbury Ethics Commission

                   #FIC 2005-102  Emerick and Evans v. Glastonbury Ethics Commission

                  

For Freedom of Information Non-Compliance Complaints:

See Docket #FIC 2005-576  Emerick v. Glastonbury Ethics Commission

       Docket #FIC 2006-069  Evans v. Glastonbury Ethics Commission

       Docket #’s pending for 3 additional non-compliance complaints

       filed March 21, 2006  Emerick and Evans v. Glastonbury Ethics Commission