Two FOI Complaints Pending Against Derby

Two unrelated complaints against the City of Derby are pending in front of the state’s Freedom of Information Commission.

One complaint involves the New Haven Register and the city’s public works department, while the other involves Derby Democrat Sheila Parizo versus the Derby Board of Aldermen.

New Haven Register v Derby

In October, the city denied Register writer Michelle Tuccitto Sullo access to documents involving the suspension of Derby public works employee Shaun Wheeler.

Wheeler was suspended for a day without pay in August 2011 after he used a city paint machine to paint stripes onto the Raro’s parking lot.

Raro’s, a mechanic’s shop and gas station in downtown Derby, is owned by John Dorosh, a city police officer and a member of the city’s parking authority.

Wheeler did the job for free, prior to starting his day shift for the Derby DPW.

In addition to having a day’s pay docked, Wheeler had to reimburse the city $37 for using the paint, according to a Register article.

While Derby Public Works Director Ron Culmo discussed the incident with the Register, the city would not provide the newspaper with the documents pertaining to the disciplinary action.

The Register filed a Freedom of Information complaint, saying the documents are in the public interest since the matter involves public employees.

The Register asserts that the public has a right to know information about a city employee’s discipline and it is a legitimate matter of public concern,” Tuccitto Sullo said during a hearing on the complaint Feb. 7 in Hartford.

Press play to listen to the hearing.

Under questioning by Derby corporation counsel Joseph Coppola, Wheeler said he would not give the city permission to release the documents from his personnel file because of the potential embarrassment it could cause. In addition, he felt it was an invasion of his privacy.

Tuccitto Sullo asked Wheeler to elaborate on why disclosing the information would be offensive” to others?

Because it was already stated in the paper what my discipline was,” Wheeler said. I don’t believe there is any other information that should be taken out of my personnel file. You already printed it in the paper.”

Tuccitto Sullo did not request access to Wheeler’s full personnel record — just the documents related to the Raro’s incident.

In addition, Wheeler has never read the disciplinary record the Register requested.

A hearing officer will draft findings of fact and present it to the state Freedom of Information Commission at a later date. The commission makes the ultimate decision on the complaint.

Parizo v Derby Aldermen

A hearing officer is also writing a report in a complaint filed by Sheila Parizo against the Derby Board of Aldermen.

Parizo’s complaint alleges that on May 26, 2011, the Derby Board of Aldermen violated the state Freedom of Information Act when officials called for an Aldermen subcommittee meeting while a full Board of Aldermen meeting was underway.

The full board meeting stopped and three members of a subcommittee met in private for about 15 minutes. When the three-member subcommittee emerged, they recommended the Board of Aldermen spend $70,000 to purchase land to build a road behind BJ’s off Division Street.

Parizo is a former member of the Board of Aldermen and the current chairman of the Derby Democratic Town Committee.

She argued that the meeting of the subcommittee was illegal because the public was not given advance notice of the meeting.

In addition, the public wasn’t included in the impromptu subcommittee meeting and no minutes were kept, Parizo said.

There needs to be a record that the subcommittee met,” Parizo said during a hearing in Hartford in October.

Click the play button below to listen to the hearing in its entirety.

At the hearing, Derby corporation counsel Joseph Coppola noted the meeting of the full Board of Aldermen was properly noticed per state law.

In addition, the Derby Charter provides that the Aldermen can direct a subcommittee to discuss a matter and then report back to the full board.

The spirit of the Freedom of Information Act was followed,” Coppola said.

A decision on Parizo’s complaint could be made by the end of March.

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