(Update: 8:23 p.m.) New Haven’s new city/town clerk has ordered his staff not to hand out public documents to the public — especially the press.
(He rescinded part of that order late Thursday after this story originally appeared.)
The clerk, Michael Smart — who took office Jan. 1, and whose campaign for the office is currently the subject of a state investigation into alleged widespread absentee-ballot fraud—issued the order in a memo to his staff dated Thursday.
“Press/Media/ inquiry requests for interviews, documents etc., but not limited to inquiries from other individuals/representatives of of any entity are to be directed to the City Town Clerk, who will give office staff a directive on how to proceed,” the directive reads in part.
Click here to read the full memo. It concerns “the acceptation of documents recorded on land records.”
Smart’s position is part time. He controls the filing and public viewing of a wide range of documents, from land transactions and lien filings to election reports and absentee ballot submissions.
He said that if he is not in the office — which is much of the time — then staff must reach him by cell phone before releasing documents.
Smart’s new rule violates state law, according to Valicia Harmon, staff attorney for the Connecticut Freedom of Information Commission.
In other Connecticut town clerk offices, as in New Haven’s before this week, staffers are instructed to produce routine public (non-exempt) documents promptly upon request by citizens (including reporters).
“You have effectively no access if he [Smart] is not there,” Harmon said. “As long as we’re going to construe the law correctly, access to public records during regular business hours can’t have to go through the city clerk, because the city clerk may not be there.”
The Independent came across the new policy Thursday afternoon during a visit to the clerk’s office at 200 Orange St. in search of filings by candidates in an upcoming special election for Ward 3 alderman. At the same time, a citizen involved in campaigns came to the office seeking information about that race as well.
Paul Bass Photo
Deputy City Clerk Sally Brown (pictured), who works full-time in the office, informed the visitors that Smart had instructed the staff that it may no longer release such documents, that he personally must approve their release.
Smart responds to a request from Joe DeMatteo Thursday for election information.
Smart happened to be in the office at the time. He came to the front desk in the office’s public area, and explained the new policy. Click on the video at the top of the story to watch the conversation.
“The new policy that all information is going to come through the city/town clerk. Then what we will do is proceed from here,” Smart said.
“When it come to the media, any information that they may need, I want to make sure that the city/town clerk knows what’s going on in the office.”
Smart, who campaigned on making public information more readily available to the public, was asked what happens during the hours when he’s not present.
“They can call me. I have a city cell phone,” he responded.
Smart (pictured) said he is still getting acquainted with his new duties: “Me, as a new city/town clerk, I want to understand how the office operates. In doing that, things that I feel comfortable with I’m going to try to institute.”
At one point in the conversation he said the staff had misunderstood — that he did not intend to include regular public documents in the ban. Upon request he produced a copy of the memo, which clearly included “documents” in the list of off-limits releases.
“If there’s any misunderstanding, we’ll clarify it,” Smart then said.
Update: Thursday evening Smart said he had “clarified” his order with his staff. The public including the press, will definitely be able to obtain public records at the front desk whether or not he is present, he said. His order pertains to interviews with the press about the workings of the office, he said; he said only he may speak for the office. “I clarified. I sent out a memo clarifying press and the general public. What it was intended to do, the other one, was just to deal with interviews and commentary. But as far as documents and general information within the office, it is business as usual,” Smart said.