Walczak Request Denied—

Llodra Hopes To Appeal To FOIC

About Protecting Website Database Identities

By John Voket

After denying a request from Police Commissioner Bruce Walczak to provide him the names, addresses, phone numbers, and e-mails of residents and others who signed up to receive announcements, emergency notifications, and event cancellations through the town’s new website, First Selectman Pat Llodra has requested to speak to the state Freedom of Information Commission on the matter of protecting such information.

On September 1, Mr Walczak, who is also the local Independent Party of Newtown chairman and a current candidate for the Legislative Council, requested the lists, which he contended in a subsequent e-mail are public information under the current state FOI statute.

Mr Walczak later cited a May 2009 FOI Commission decision on behalf of Jonathan Pelto, who made a number of requests for databases of names and other contact information from the University of Connecticut. His request included UConn’s entire roster of staff, its alumni, season ticket holders and supporters of various sports organizations, the Jorgensen arts center mailing list, subscribers to the university’s quarterly magazine, university foundation donors, and contact information for all the parents of UConn students — presumably past and present.

In that decision, the FOIC ruled that the complainant was entitled to a number of the databases he requested, including one that contained the names and addresses of UConn parents and alumni.

In that decision, the FOIC reminded the university that according to the statute, “Public records or files” means any recorded data or information relating to the conduct of the public’s business prepared, owned, used, received, or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under Section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, (photocopied), photographed or recorded by any other method.

The statute also states that except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to…receive a copy of such records. And that any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.

Mrs Llodra responded to the request saying, “I am declining to release the information requested [distribution list for news and announcements and Parks and Rec cancellations]. Preliminary conversation with our attorneys supports my position that this information is not in the public domain.”

FOIC Decision Stands

In a September 19 follow-up to Mrs Llodra after the denial, Mr Walczak cites the FOIC’s 2009 decision as justification for the town to release to him its database of Newtown website announcement recipients.

“I am not surprised,” Mr Walczak wrote. “However a review of this recent FOI ruling provided little evidence that the information provided...is anything but a public record. Can you provide me with the section of the FOI act which you feel provides this exclusion?”

Mr Walczak initially told The Bee September 26 that he requested the contact list to solicit Newtown residents and others about a real estate program that he also offers to corporate relocation clients in his capacity as a licensed real estate broker and relocation professional.

But a short time later, he e-mailed The Bee saying, “I have not used or proposed any use of these lists, but am interested in how it has been used. And how it might be used in the future.

“I got curious about whether an e-mail program might work and thought about the town list,” Mr Walczak added. “E-mail is so much cheaper. Since the town was promoting businesses with e-mail blast it occurred to me I should check it out. However, I did not make any other plans except to ask if it was available. Really that simple. Interesting that Pat [Llodra] appears to want to make an issue of it.”

In his correspondence, Mr Walczak observed that the town used the website-based announcement contacts system to promote nongovernmental business interests involving Kyle Lyddy, the brother of Newtown State Representative Christopher Lyddy, local builder and property owners Michael Burton and Mike Porco, and a fundraiser hosted by the Newtown Youth Academy and its founder Peter D’Amico.

“As I research the most recent e-mail blast they were promoting Mr Burton and Mr. Porco economic interest and SHOP as an organization,” Mr Walczak said of the Sandy Hook neighborhood and business initiative. “That group lobbied the town for development funds and got big funding. Feels a lot like the pork barrel funding in Washington.”

Nongovernment Use

Mr Walczak said the town sent out an e-mail through the website database for a nongovernment organization called experiencesandyhook.com of which Kyle Lyddy is the web master, and Mr Burton is the president of SHOP.

“There is no information on who has paid for this,” Mr Walczak said. “The town is using this list in a number of ways which go well past government announcements. Uses include promoting an interview with the first selectman, Newtown restaurant week, and a fundraiser sponsored by NYA and D’Amico.”

The IPN chairman said one of his objectives was to understand how the first selectman was using this e-mail list, and if it was going beyond its true intent.

“Who gets to promote their business or cause on the site? Are there procedures in place?” Mr Walczak asked.

Mrs Llodra said she hopes to lobby the FOIC to consider an exception to the statute that protects any state resident who wants to provide contact information to receive electronic responses from their local government officials.

She said given the proliferation of these interactive services, including ones provided to Newtown and many other Connecticut towns by a company called Virtual Town Hall, Mrs Llodra said “municipal leaders should become aware when legislation like [the FOI provisions about public access to government databases] does a disservice to their communities.”

Expectation Of Privacy

The first selectman said when individuals provide such contact information, whether it is to learn about community activities, weather-related park and field closures, or emergency notifications like those circulated after Tropical Storm Irene, there is an explicit expectation of privacy.

She added that the town’s privacy policy states that “We do not collect, use or disclose any information about our users without their knowledge and approval. We do not share user information with third parties.”

But it also states that “if personal information is requested on the web site or volunteered by the user, state and federal law may protect it. However, this information is a public record once you provide it, and may be subject to public inspection and copying if not protected by state or federal law.”

In denying the request by Mr Walczak to release the database for possible business use, Mrs Llodra said that releasing such information when subscribers have an expectation of privacy would have a “chilling effect” on a government’s ability to serve its constituents.

“I would like to see the Freedom of Information Commissioners reflect on that,” she said. “Providing such information to anyone requesting it does not make government processes more transparent. I don’t believe the FOI statutes intended to authorize the release of this specific information for personal or political gain.”

Mrs Llodra acknowledged that virtually all the announcements made via the system, especially those of a nonemergency nature, “have the potential to generate personal gain.” But she added that a local business person requesting the database “serves a narrow personal interest instead of a broad community interest.”

“Municipal leaders can’t build a trusting relationship between people and their local government when you give out private information people believe is protected,” she said. “We want people to sign on to the website services to get community information quickly. And circulating that contact list could handicap our ability to serve those people.”

Tom Hennick, a spokesperson for the FOIC, said he has never had a municipal official ask to address the commission for such a proactive reason. Mr Hennick said the first selectman may first have to make her case to the commission’s president, who may refer her concern to the commission directly, or recommend she returns to address the full commission.