Complaint filed with State Election Enforcement Commission (SEEC)
The complaint filed by Ron Ward on February 22, 2007 with the SEEC alleged,
"Anne P. Hatfield, Griswold First Selectman, has used the official town and borough seals, which are public property, to give the appearance that the Government of the Town of Griswold has endorsed the Republican Party candidate for the office of Borough Warden." [read complaint: click here]Hatfield at the time of the complaint held three offices: 1) First Selectman of Griswold; 2) Treasurer for the Melinda Brooks election campaign effort; and, 3) Vice Chairman of the Griswold Republican Town Committee.
After learning about the complaint, Hatfield immediately resigned her position as election campaign Treasurer. [Read the 9:00 am - February 22, 2007 - Hatfield resignation letter: click here]
Hatfield submitted her resignation on the same day that the SEEC received the complaint filed by Ron Ward. [read February 27, 2007 - SEEC acknowledgment letter: click here]
Regarding the Republican candidate for Borough Warden, the complaint alleged,
"Melinda Brooks election campaign has taken copywrited materials (including, but not limited to the Official Seal of the Town of Griswold and the Official Seal of the Borough of Jewett City) from the official town of griswold website and incorporated the materials into her election campaign website."Regarding the allegations against the Republican candidate for Jewett City Borough Warden, The Day in a March 2, 2007 news article reported,
"Brooks said she never intended to illegally use copyrighted information on her Web site or give the impression that Hatfield, in her capacity as first selectwoman, had endorsed her candidacy. She said Hatfield never gave her permission to use the material and that she didn't ask."It was also reported that Brooks stated, "If I made a mistake, I'll take full credit for it." [read The Day - March 2, 2007 news article: click here]
Only Legitimate reason for Griswold Town Attorney to write March 1st letter
The Griswold Town Attorney is strictly prohibited from using public tax dollars to defend Melinda Brooks, Republican Candidate for Jewett City Borough Warden, against the allegations that she used copyrighted materials from the Town of Griswold website on her privately owned election campaign website.
Town Attorney Zizka is also strictly prohibited from using public tax dollars to defend Melinda Brooks, Republican candidate for Jewett City Borough Warden, against allegations that she used the Official Seal of the Town of Griswold which is the public property of the Town of Griswold on her privately owned election campaign website.
The only allegation that Mr. Zizka, Griswold Town Attorney, might possibly be permitted to address while using public tax dollars is the allegation regarding Anne Hatfield in her official capacity as First Selectman of the Town of Griswold.
Defense submitted to the SEEC by Town Attorney Zizka in March 1st letter
Public tax dollars were used to pay Michael Zizka, Griswold Town Attorney, to write a letter to the State Elections Enforcement Commission in which Mr. Zizka made the following statements,
- Frankly, I am puzzled by Mr. Ward's allegations, and I am not sure why the Elections Enforcement Commission should be involved.
- There is a distinction between an Official Town seal and a pictorial representation of the official Town Seal.
- The official Town seal is a device that physically embosses a raised design on a document to show that it is an official Town document or record.
- However, an artistic representation of the seal is not the official seal.
- I am not aware of any legal restriction that precludes a candidate for office from displaying a picture of a municipal seal in an information website, so long as the website does not otherwise purport or appear to be an official website of the municipality.
- I have spoken with the Town Clerk's office, and they are not aware of any specific ordinance, order, resolution, or other official pronouncement by which the Town adopted an "Official Town seal."
- The sealing device may have been approved by the Town's selectman many decades ago, but, since selectman's minutes are not indexed, there is no reasonable way for us to determine where to find any reference to that potential approval.
- As for the alleged misuse of copyrighted materials, it seems to me that that is not a proper issue for the Elections Enforcement Commission.
- The holder of a copyright may take issue with a violation of his, her, or its copyright, but that is a matter between those two parties.
The March 1st letter written by Town Attorney Zizka does not even mention the allegation being investigated by the SEEC dealing with the Griswold First Selectman. The complaint alleges that Hatfield:
"used the official town and borough seals, which are public property, to give the appearance that the Government of the Town of Griswold has endorsed the Republican Party candidate for the office of Borough Warden."At a minimum in his March 1st letter (paid for by public tax dollars), Griswold Town Attorney Zizka should have mentioned that First Selectman Hatfield, in her official capacity as First Selectman, did not authorize Melinda Brooks to use the official town seal on her privately owned election campaign website.
In fact, Melinda Brooks was quoted the very next day, March 2nd, as stating, "Hatfield never gave her permission to use the material and that she didn't ask." The potential liability to the Town of Griswold and the First Selectman might be non-existent if the Republican candidate's statement is proven to be correct.
Although the First Selectman and the Town Attorney have failed to address the allegation made against Hatfield in the February 22nd complaint filed with the State Election Enforcement Commission, the residents and taxpayers of the Town of Griswold have paid the bill for Town Attorney Zizka to write the March 1st letter. A letter which should have only been written to defend the interests of his client, the Town of Griswold.
Allegation against Brooks is obviously mentioned in March 1st defense letter
It is more than obvious that at least in statements five and eight, as numbered above, Town Attorney Zizka is defending the allegations made against Melinda Brooks, Republican Candidate for Jewett City Borough Warden.
Statement Five ("I am not aware of any legal restriction that precludes a candidate for office from displaying a picture of a municipal seal in an information website, so long as the website does not otherwise purport or appear to be an official website of the municipality"). This statement made by the Griswold Town Attorney has absolutely nothing to do with the allegation made against the Griswold First Selectman.
It is obvious that Town Attorney Zizka is using public tax dollars to defend Melinda Brooks, the Republican CANDIDATE for Borough Warden. It is being alleged that the Republican candidate used the Griswold Town Seal on her official election campaign website. Or, as Town Attorney Zizka described it "an information website."
In fact, after Ward filed his complaint, the Town Attorney's description (information website) was parroted by Brooks on her election campaign website in the following statement: "This site was created to bring the Borough residents information about the election, town, issues, and as a means of communication.)
Further, it is obvious that words written by Town Attorney Zizka, at tax payer expense, are being parroted by Brooks on her election campaign website (www.jewettcityborough.com) in the following statement: "This website was created by Melinda Brooks for the campaign and is not and never has been a town site, nor was it paid for by the town."
Obviously, an effort is being made by Brooks to make sure that the Republican campaign website (to use Town Attorney Zizka's words) "does not otherwise purport or appear to be an official website of the municipality."
Statement Eight ("As for the alleged misuse of copyrighted materials, it seems to me is not a proper issue"). This statement made by the Griswold Town Attorney has absolutely nothing to do with the allegation made against the Griswold First Selectman.
It is obvious that Town Attorney Zizka is using public tax dollars to defend Melinda Brooks, the Republican candidate for Borough Warden. It is being alleged that Brooks used copyrighted materials from the Official Town of Griswold website on her privately owned election campaign website.
Explanation given by Town Attorney Zizka for writing March 1st defense letter
In a March 19, 2007 email from Griswold Town Attorney Zizka written to First Selectman Hatfield, the Town Attorney states,
"My [March 1, 2007] letter to [State Elections Enforcement Commission, Investigator] Gilberto Oyola was prompted by Mr. Oyola's request for information, which was sent to me by [Griswold Assistant Town Clerk] Valerie Pudvah. Valerie was uncertain how to respond.Regardless of the March 19, 2007 explanation given by Town Attorney Zizka as to why he wrote a letter back on March 1st, it remains obvious that public tax dollars were used to pay the Griswold Town Attorney to defend Melinda Brooks, the Republican candidate for Jewett City Borough Warden.
I, too, found Mr. Oyola's request to be confusing and I did not understand the legal or factual bases of his requests. I also thought that responding to his requests would be substantially burdensome, time-consuming and unproductive for the town clerk's office.
As Town Attorney, I believe I have a duty to protect all Town Officials and staff from such burdens, and that is the sole reason I sent my [March 1, 2007] letter to Mr. Oyola [the State Elections Enforcement Commission Investigator]."
[read March 19, 2007 email sent at 4:56 pm: click here]
SEEC request sent to Griswold Assistant Town Clerk
State Elections Enforcement Commission, Lead Legal Investigator - Gilberto Oyola, sent an email to the Griswold Assistant Town Clerk on February 28, 2007 at 1:03 in the afternoon. The only request contained in the email was to provide documents. [read February 28, 2007 email sent at 1:03 pm: click here].
From reading the email, it is obvious that the SEEC did not ask the Griswold Assistant Town Clerk to answer any questions. Nor, did the SEEC ask her to provide an opinion regarding any of the documents requested.
The hand-written notation at the bottom of the email states, "Mailed Seal ordinance . campaign filings .etc on 2/28/07"
Within three and one-half hours of receiving the SEEC request, the Griswold Assistant Town Clerk had mailed the documents requested and complied with the email received at 1:03 pm from the State Elections Enforcement Commission.
Town Attorney describes February 28th request from SEEC
After more than two weeks had passed, on March 19th, Town Attorney Zizka states, "Valerie [Griswold Assistant Town Clerk] was uncertain how to respond." [read March 19th description: click here]
Regardless of what happened on March 1st or March 19th, it is obvious that back on February 28th, the Griswold Assistant Town Clerk received a request for documents and within three and one-half hours, complied with the SEEC request by sending out the requested documents by the end of the business day, the same day of the request.
Public tax dollars used to pay for March 19th Town Attorney email
Why did Town Attorney Zizka send the email on March 19th at 4:56 pm to First Selectman Hatfield? Because First Selectman Hatfield sent an email request 56 minutes earlier at 4:00 pm to Town Attorney Zizka.
First Selectman Hatfield explained the reason for her email request by stating,
"Ron Ward has publicly accused me of "First Selectman Hatfield authorized the use of public tax dollars to pay the Griswold Town Attorney to write a defense in response to the on-going State Election Enforcement Commission investigation"The public accusation referred to by First Selectman Hatfield was not contained in any official complaint. The statement by Ron Ward appeared in an article that was published March 18th on the Jewett City Party eBlog! website. [read March 18th JCP-eBlog! website article: click here]
Can you please document for the record that this is not true (even if it is internally) in the event he continues to make these allegations.
The assistant town clerk contacted you as a result of election enforcements request."
[read March 19, 2007 email sent at 4:00 pm: click here]
Even though the Town Hall is closed for official business at 4:56 pm in the evening, through some unknown means, by 10:26 pm that very same night, the Town Attorney email was posted by "anonymous" on the Melinda Brooks, Republican candidate election campaign website. [read Town Attorney Zizka quote on Brooks website: click here].
Facts regarding statements made by Town Attorney Zizka in March 1st letter
On September 5, 1973 the electors and citizens of the Town of Griswold met to consider and act on a proposal to designate the Town Seal as proposed by the Griswold Historical Society the official Seal of the Town of Griswold. [read September 5, 1973 legal notice of special town meeting: click here]
On August 17, 1976 the Griswold Board of Selectman adopted the New Seal as previously approved at a Town Meeting on September 5, 1973 as the Seal for the Town of Griswold. It was noted in the minutes that the Town realized a savings because the cost of the cast for the Seal for the BiCentennial also used as the Seal for the Town was paid by the BiCentennial Committee. [read August 17, 1976 Board of Selectman minutes: click here]
On November 30, 1976 the Connecticut Secretary of State sent a letter to the Griswold Town Clerk acknowledging receipt of the new Town Seal of the Town of Griswold adopted on August 17, 1976. The letter stated that the seal has been placed on file in accordance with Section 7-101 of the General Statutes. [read November 30, 1976 CT Secretary of State letter: click here]
The 1999 History of the Town of Griswold on page 181 indicates the process whereby the Town of Griswold adopted a new Town Seal. The Official Town Seal is described,
"The seal depicts a union of the Pachaug and Quinebaug Rivers in Griswold. Along the rivers are a barn, farmland and grist mill, symbolizing the importance of agriculture and mills to the town's heritage. Evergreen trees depict the formerly wooded nature of the community."Despite the assertions made by Town Attorney Zizka contained in statements six and seven, as numbered above, the Town of Griswold meeting minutes and the history of the Town of Griswold Seal are easy to find at the Office of the Griswold Town Clerk. Any member of the public could find the information without the benefit of an index or any specialized knowledge; or for that matter, any legal training.
[read excerpt from History of Town of Griswold: click here]
Questions regarding the use of Public Tax dollars to pay for March 1st letter
Question: What does Town Attorney Zizka mean when he says the Assistant Town Clerk was uncertain how to respond? Regardless, of any confusion that may have existed, the Assistant Town Clerk complied with the SEEC request by the end of the business day on February 28, 2007.
Question: Why did Town Attorney Zizka provide a written legal defense on March 1, 2007 when the February 28th email from the State Elections Enforcement Commission only asked for documents?
Question: What was "burdensome, time-consuming and unproductive for the town clerk's office" that required Town Attorney Zizka to write a legal defense on the day after the Griswold Assistant Town Clerk had already complied with the SEEC request and mailed out the documents?
Question: How does Town Attorney Zizka writing a letter which obviously provides a legal defense to the Republican candidate for Jewett City Borough Warden "protect all Town officials and staff from such burdens" when the requested documents were already sent to the State Election Enforcement Commission.
Question: Why does Town Attorney Zizka state, "since selectman's minutes are not indexed, there is no reasonable way for us to determine where to find any reference to that potential approval" when any member of the public could find the history of the Town Seal and the approval documents by simply making an inquiry at the Office of the Griswold Town Clerk?
Question: Why does Town Attorney Zizka state, "I have spoken with the Town Clerk's office, and they are not aware of any specific ordinance, order, resolution, or other official pronouncement by which the Town adopted an Official Town seal" when the hand-written notation on the bottom of the February 28th email states, "mailed seal ordinance . etc on 02/28/07"?
Question: Should the residents and taxpayers of the Town of Griswold foot-the-bill for the Town Attorney to defend any candidate running for public office?
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