HARTFORD – An agency that bills itself as “the nerve center for state government” has been ordered to undergo mandatory training to comply with basic elements of the public’s right to know, and to produce documents sought in May 2024.
The state Department of Administrative Services failed to produce numerous public records promptly or at all – including documents connected with former state Deputy Budget Director Kosta Diamantis, recently convicted of bribery in a school construction scandal. Besides construction projects, the agency also oversees information technology, vehicle services, human resources and grants administration.
In an unusual and strong rebuke, Freedom of Information Commission Hearing Officer Attorney Nicholas Smarra “admonished” DAS officials “for failing to comply with multiple orders and directives of the Hearing Officer, thereby wasting scarce state resources.” Smarra’s orders, affirmed unanimously by the FOI Commission on Oct. 22, make public records compliance training mandatory for all DAS employees or officials who worked on the May 31, 2024 request.
Attorney Michael Donnelly of Harris Beach Murtha told the commission he filed the complaint on behalf of a state contractor who inexplicably lost major contracts even though the firm was a consistent low bidder and never was accused of wrongdoing. Donnelly called the case a “very odd, unusual circumstance.”
“There is an extremely high public interest,” Donnelly said, “in releasing all of the documents.” He argued that DAS acted “contrary to public bidding laws.”
Assistant Attorney General Ernestine Weaver told the commission DAS “does not dispute many of the findings or the orders” of Hearing Officer Smarra. Weaver admitted the agency failed to search properly for documents related to asbestos abatement, which was the basis of the public records request. Donnelly’s client – AAIS of West Haven, a division of Spectrum Environmental LLC – performs remediation of buildings with asbestos and other projects.
Donnelly characterized the agency’s response as “cavalier.” He said DAS avoided responsibility at every turn, took an unreasonable amount of time to respond, misrepresented its ability to search and failed to follow carefully the hearing officer’s instructions for review of original and un-redacted documents in private.
Weaver and Smarra engaged in an extensive dialogue during the meeting about three orders the hearing officer gave DAS to produce records for his review.
“It seemed to me they were doing more to not comply with my order than it would have taken for them just to do what I said in the first place … it delayed me by about three months to get the in-camera records,” Smarra said.
The commission found unanimously that DAS broke the law by failing to provide public records promptly.
The agency was ordered to produce all records requested over intervals during the next 60 days and to schedule training within 14 days for all employees and officials who worked on the request.
In addition to upholding the admonishment, the commission warned that new or ongoing violations in this case could result in a civil penalty for DAS.
The company AAIS had performed hundreds of state jobs over nearly 40 years. It had been listed as among several qualified to perform emergency work for the state.
“It is time that DAS stops scapegoating a Connecticut business and wasting Connecticut taxpayer’s money,” Donnelly wrote to the agency in February 2024.
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Editor’s note: This story has been updated to reflect the latest ownership arrangement for Harris Beach Murtha