Seems after reading emails from this guy that he has a great deal of bias against citizens going before the board.
Claiming that most of citizens who testify are lying? Most goofy statement I have seen.
attached if from an email he wrote to fishbein...Fishbien replied back that said he really did not see any citizen committing perjury.
Last edited by Grapeshot; 01-27-2015 at 01:13 PM.
Last edited by Good Citizen; 01-26-2015 at 07:38 AM. Reason: Grammer
Due process violations in an admin proceeding is not grounds for overturning a decision...see
Albright-Lazzari v. FOIC 136 Conn.app. 76 , linked above
Also compare the FOIA Act's enforcement provisions 1-205 that states:
(d) The commission shall, subject to the provisions of the Freedom of Information Act promptly review the alleged violation of said Freedom of Information Act and issue an order pertaining to the same. Said commission shall have the power to investigate all alleged violations of said Freedom of Information Act and may for the purpose of investigating any violation hold a hearing, administer oaths, examine witnesses, receive oral and documentary evidence, have the power to subpoena witnesses under procedural rules adopted by the commission to compel attendance and to require the production for examination of any books and papers which the commission deems relevant in any matter under investigation or in question. In case of a refusal to comply with any such subpoena or to testify with respect to any matter upon which that person may be lawfully interrogated, the superior court for the judicial district of Hartford, on application of the commission, may issue an order requiring such person to comply with such subpoena and to testify; failure to obey any such order of the court may be punished by the court as a contempt thereof.
See, the legislature granted the commission of the FOI authority to investigate AND examine witnesses...so these are 2 different things.
Show me where in the BFPE related statues where they have the authority to examine witnesses. Can't. Because they don't have this authority.
Oh, the investigation powers of the BFPE is in the statue -- their questionnaire and power to compel its completion.
That's it. They could shoot a complainant/respondent several questionnaires I guess but this "investigation" power is limited to pre-hearing investigations.
Why the difference between the BFPE and FOI commissions investigatory authority where one can ask witnesses questions and the other cannot?
Simple ... its the subject matter being examined in the two venues ... one deals with matters that usually have nothing to do with any criminal activity of a complainant at the FOI Commission whereas at the BFPE criminal matters are somewhat central to the appeal.
Also to mention....a citizen does not need to prove that an agency does not have authority to do something.
Agencies are creatures of statue...they can only do what the law says that they CAN do .. the agency must show stautory authority and prove it, not just claim it.
And I believe at the BFPE a person can refuse to answer any question anyway w/o any presumption be attached to such a refusal.
Examination of the powers of quasi-judicial bodies is a good thing.
Last edited by davidmcbeth; 01-26-2015 at 02:16 PM.