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.
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.
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.
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.
