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Judge Sides With Garofalo In Derby Data Dispute

by Eugene Driscoll | Aug 31, 2010 7:34 pm

(8) Comments | Commenting has expired | Send link to a friend | E-mail the Author

Posted to: Derby

Former Mayor Marc Garofalo acted within his authority when he and his staff erased hard drives on city computers, according to a ruling by a state judge.

Garofalo’s orders, carried out between Nov. 8 and Dec. 3, 2005 — just days before he left office — enraged his successor, Mayor Anthony Staffieri.

Staffieri said the move — which scrubbed five computers in the mayor’s office of all files and software — was akin to destroying public property.

Staffieri’s affidavit in the lawsuit is posted below. Article continues after the document.

Staffieri Affidavit

Backup computer data storage tapes were also removed from City Hall at the end of Garofalo’s term. They were later returned, according to court documents. Garofalo said they accidentally ended up in his personal belongings. He said he didn’t know who put them there.

The city filed a lawsuit against Garofalo in December 2007, seeking at least $15,000 in damages. The city claimed Garofalo’s move also violated the state’s Freedom of Information Act.

However, Judge Barbara Bellis ruled in March that Derby didn’t have a case.

Garofalo’s action seems to fall within a state statue that protects public officials from lawsuits for doing something within their discretion, according to the judge’s ruling.

Garofalo’s Words

Garofalo, in an affidavit, said the computer data was erased because it was the easiest way to prepare the machines for the new administration.

The mayor’s policy at the time was to have hard copies of any important documents on file in City Hall.

“The last weeks of my administration were very hectic, as the election campaign ended and I immediately had to engage my energies on vacating my office and cleaning out my desk and personal belongings, which had accumulated over eight years of very busy public service,” Garofalo stated.

“It was obvious that we would not be able to review all the documents on our personal computers during that brief period, in order to only delete those we were absolutely sure were of no value. The accumulation of e-mails, trivia and other daily flotsam over the years was immense. I decided therefore that my aides (Dina Weissman, Rick Lutz, Ann Del Vecchio and Ralph Marcucio) and I would have the hard drives on our personal office computers ‘scrubbed,’” Garofalo stated.

The former mayor’s affidavit is posted below. Article continues after the document.

Garofalo Affidavit

The Judgement

Bellis said Derby offered no evidence that Garofalo’s actions went entirely beyond the general scope of his authority as mayor.

“The defendant (Garofalo) has presented evidence that as part of the transition from one administration to the next, it was within the official function of the outgoing mayor to clear out his office and that this included deleting some computer records,” Bellis wrote in her ruling.

“Nothing in the evidence that the plaintiff (Derby) has submitted raises a triable issue of fact as to whether the deletion of the hard drives of backup tapes was part of an outgoing mayor’s routine when leaving office.”

A portion of the judge’s decision follows. Article continues after the document.

Bellis Decision

Reaction

A message seeking comment was left with Garofalo.

On Tuesday, Staffieri said the judge’s ruling is dangerous. He said politicians are now free to destroy city records.

“It’s an injustice to the whole judicial system,” Staffieri said. “It gives a free pass to any politician who has questionable motives. On the way out, you can destroy everything. I’m so frustrated about this. It’s sickening,” he said.

According to the lawsuit, Derby spent $12,000 investigating the computer incident, which also included the deletion of anywhere from 11,000 to 15,000 e-mails.

Staffieri said Derby corporation counsel Joseph Coppola advised the city not to appeal the judge’s ruling. A message seeking comment was left late Tuesday with Coppola.

Staffieri said he won’t erase hard drives when he leaves office.

“When I leave my office, all I’ll have to do is turn over my keys,” he said.

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Comments

posted by: Watchman on September 1, 2010  7:54am

Derby Cat:

Try running Marc Garofalo for Mayor, next year….....Get serious!  Don’t get completely carried away with political hate, as you sound foolish.

posted by: superbus on September 1, 2010  10:48am

DerbyCat:

This had to be challenged. We don’t know what the hell was on those computers, and considering Mr. Garofalo’s record as a mayor, it’s fair to assume that there was a cover up in there somewhere. Maybe there was, maybe there wasn’t, but you cannot just wipe the data of all of your computers. If a company did that to their email or data servers, they would be worked in court like a speed bag. This isn’t just Mr. Garofalo deleting Minesweeper; those emails aren’t private, and if people are conducting town business via those emails, they are breaking the law. They have to be archived by law.

At best, this was spiteful. At worst, it was illegal. Though it failed, Mr. Staffieri was right to challenge this in court, as it sets a dangerous precedent.

I am no Staffieri fan; I voted against him, and I want someone else as my mayor. But this is a bad precedent, set by a man even slimier than Staffieri.

posted by: Watchman on September 1, 2010  7:15pm

DerbyCat & Superbus:

If former Mayor Garofalo didn’t have anything to hide, he would not have erased the hard drives, and shred Derby City Hall records, so he would not leave an incriminating paper trail.

Consider the City of Derby is lucky, that a former businessman, Mayor Tony Staffieri “volunteered to take the Derby Mayor’s job,” after 8 depressing years of “Lifetime Church Organist Marc Garofalo, at the helm.”

A retired school teacher “with brain-power,”
wanted the Mayor’s job, last City Election Day, but the voters, did not want him.

Referring to, the last two Derby mayor’s as “Slimy” is very nasty and offensive, and should not have been approved as an acceptable comment, for publication,in the Valley Independent Sentinel, in my humble opinion.

posted by: unaffiliatednothing on September 1, 2010  7:23pm

I’m glad Stafferi will not delete the files off his computer, maybe now we will find out how the administration botched the transfer station, or the real reason he fired the police commissioner, or why his kids “creatively” took the restaurant over without the 3rd owner knowing.

His computer would be the Derby’s version of the Watergate tapes..

Derby should be soooo proud of their “leader”, and I’m not even a resident of the town. This is comical to watch.

posted by: superbus on September 1, 2010  7:26pm

Watchman:

I agree that there was no reason to eliminate those emails unless there was a reason to, and I find Mr. Garofalo’s explanation of “turning over” to the new administration to be questionable at best, and a bold faced lie at worst.

And I stand by my “slimy” comment. Mr. Garofalo’s record is well documented, and our current mayor has a recent history of firing people because of a legal issue involving his sons. They may not be slimy in the literal, Slimer from Ghostbusters sense, but they are definitely dirty enough to be called out for it. Point is, my comment stands.

posted by: unaffiliatednothing on September 1, 2010  7:53pm

Watchman,

Take off those rose colored glasses. The 8 bad years by Garofalo has been followed by 6 completely disappointing and laughable years by Stafferi.

You can only blame the previous administration so long before this administration takes ownership of their doings.

What was a dump of a town left by Garfarlo, has been solidified by this administration by adding more garbage on top of it, all while smearing the town’s stature.

I’m glad they never filmed the movie they wanted to in Derby, it would give CT a bad name.

As far as the deleting the files…who really cares? Seriously, at the end of the day this was a complete waste of resources on all levels bringing this to court.

I get enjoyment reading about this administration in the news, it is like a soap opera put to news print.

And all this is coming from a non-Derby resident and unaffiliated political party voter.

If you can not see the forest from the trees as to the lack of progress in this town while being a laughing stock, both facilitated by this administration, then you are doomed to keep voting for complacency every year. Seriously, this town, from looking outside the box, looks bad, and you need new leadership.

posted by: Watchman on September 1, 2010  8:15pm

unoffiliatednothing:

Since you are not a Derby resident, your comments are taken with a “grain of salt.”

posted by: superbus on September 6, 2010  6:46pm

What other adjective would you prefer I use? Distrustful? Morally deficient? I don’t trust either man, and feel that neither of them have the moral capacity to properly run the City of Derby. You call it an insult, I call it my honest feelings on the men.

An alternative definition of slimy is “offensive or repulsive” (http://dictionary.reference.com/browse/slimy). Under those pretences, I feel my comment was accurate. I respect your opinion and feel you have a point, sharpeye, but after considering, I stand by my comment, regardless of the offence either man may take.

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