Connecticut’s Freedom of Information Act turns 40 years old today, and in honor of that milestone, let’s write about a transparency success story – the tale of an agency that received a request for public documents and actually produced the records with no delays, no phony roadblocks, and even no cost.
This is not a fictionalized fantasy; it really happened, and it involved the City of Hartford Corporation Counsel, which, under prior regimes, was not always so agreeable when it came to giving, to the public, records that belong to the public.
First, some background: On Nov. 14, 2012 a Hartford man named Lamonte Brown was walking with his dog Boomer on South Marshall Street when police officers investigating a noise complaint confronted him and, he says, beat him, shot him with Tasers, and impounded his dog, which was later euthanized.
Those events led to a lawsuit against the officers in federal court and then, in August, to a formal settlement – with Brown agreeing to drop the suit and city officials agreeing to write Brown a check for $7,500. The settlement was later reported by the Associated Press, in a story that included this curious line: “Brown’s lawyer, John Q. Gale, said he couldn’t discuss the case because of a confidentiality agreement.”
Such confidentiality agreements are common in lawsuit settlements. They are also controversial, with a continuing debate over whether the potential benefit of that secrecy (the ability to settle more cases without the fear of inviting more litigation) outweighs the potential harm (keeping the public in the dark about, say, especially dangerous doctors or dangerous products or serial rapists).
But when it comes to public agencies – at least in Connecticut – that debate is mostly muted. Our Freedom of Information Commission – an independent agency that is the jewel of the law turning 40 today – has consistently held that when government officials settle lawsuits, they can’t keep taxpayers in the dark about the terms of the settlement – unless there are special circumstances that compel a a judge to take the extraordinary step of ordering the settlement sealed.
Which brings us back to Lamonte Brown’s case. Continue reading