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Christopher J.

Sugar
From:

Gh E*tc,f @
Christopher J. Sugar
Thursday, January 08, 2015 3:1-1 PM

Sent:
To:

John Marini
RE: Tanner Settlement, City of Ansonia

Subject:

Then we will need to attend the FOIC hearing.

From: John Marini


Sent: Thursday, January 08, 2015 3:10 PM
To: Christopher J. Sugar
Subject: FW: Tanner Settlement, City of Ansonia
Ch

ris,

Looks like we are not releasing the agreement...see below...

Sent from my Windows Phone

From: Frank Burke


Sent:1,/8/2015 2:29 PM
To: John Marini
Subject: Re: Tanner Settlement, City of Ansonia

Attorney Marinini:
My client does not consent to the release of the agreement. The agreement specifies it will not be released unless
ordered by legal authority. lf you feel that disclosing that it was not a monetary settlement would suffice we would
consider waiving our objection
Sent from my iPhone
On Jan 5,2015, al l2:2A PM, John Marini <imarini@bmdlaw.com> wrote:

Attorney Burke:
It was nice speaking with you. Please see that attached hearing notice. lt's scheduled forJanuary 20.
We would simply like to avoid the time/cost of the hearing given the likelihood of successfully
preventing the diselosure. I don't think that there is anything sensitive or embarrassing to either side
that would complicate its disclosure. My guess is that the paper would like to see if it was a monetary
settlement, which it was not.
See FOI opinion below:

"The Commission takes administrative notice that it has previously ruled when addressingthe disclosure
of a settlement agreement between a public agency and a public employee, that the public agency may
not simply contract away the public's right to know under the FOI Act by including a provision
prohibiting any party to the agreement from disclosing its terms. See FIC 94-063, Carol L. Panke v.

\
Bloomfield Town Manager (Final Decision dated August 10,
199 4)." htt

//www. state.ct. us/fo i/2002 FDl20020626/F

1C200 L-5 29.

htm

Thank you.
John P. Marini, Esq.
Berchem, Moses & Devlin, P.C.
75 Broad Street
Milford, CT 06460

Telephone: 203-7 83-1200


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email: imarini@bmdlaw.com
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