Connecticut Cases January 15, 2020: Town of East Hartford v. In re Subpoena

Case Description

UNPUBLISHED OPINION

Judge (with first initial, no space for Sullivan, Dorsey, and Walsh): Moukawsher, Thomas G., J.

JOINT PROTECTIVE ORDER

Moukawsher, J.

The Town of East Hartford ("the Town") is ordered to comply within three business days of the entry of this ORDER with the Subpoena Duces Tecum dated November 13, 2019, which is the subject of these actions and produce all responsive documents subject to the following protective order.

1. All documents produced pursuant to this ORDER shall be marked "CONFIDENTIAL" and remain designated "CONFIDENTIAL" to the extent provided herein until such time as either the parties to this action agree to change the document’s designation or the Court orders a change in the document’s designation.

2. CONFIDENTIAL documents produced by the Town of East Hartford pursuant to this Protective Order shall not be used or disclosed for any purpose other than the appeals of Jason Guerrera, Frank Napolitano and Robert Vanacore to the Town of East Hartford’s Personnel Appeals Board ("PAB") and may be disclosed and used in such administrative proceedings only as follows:

a. Parties : Documents designated "CONFIDENTIAL" may be disclosed and copies given to Officer Guerrera, Detective Napolitano, and Officer Vanacore. Before documents designated "CONFIDENTIAL" are disclosed or given to Officer Guerrera, Detective Napolitano and Officer Vanacore, each must agree to be bound by this Order by signing a document substantially in the form of Exhibit 1.

b. Union Representatives : Documents designated "CONFIDENTIAL" may be disclosed and copies given to Frank Iacono, President of the East Hartford Police Officer’s Association, and Nicholas Palladino, Vice President of the East Hartford Police Officer’s Association. Before documents designated "CONFIDENTIAL" are disclosed or given to Officer Iacono or Officer Palladino, each must agree to be bound by this Order by signing a document substantially in the form of Exhibit 1.

c. Witnesses or Prospective Witnesses : Documents designated "CONFIDENTIAL" may be disclosed to a witness or prospective witness in the administrative proceedings before the PAB, but only for purposes of testimony or preparation of testimony in those proceedings and they may not be retained by the witness or prospective witness. Before documents designated "CONFIDENTIAL" are disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit 1.

d. Outside Experts : Documents designated "CONFIDENTIAL" may be disclosed and copies given to an outside expert for the purpose of obtaining the expert’s assistance in the hearings before the PAB. Before documents designated "CONFIDENTIAL" may be disclosed or given for this purpose, each such expert must agree to be bound by this Order, by signing a document substantially in the form of Exhibit 1.

e. Counsel : Documents designated "CONFIDENTIAL" may be disclosed and copies given as provided herein to counsel of record and their associates, paralegals, and regularly employed office staff. All such persons are bound by this Protective Order due to their roles as legal representatives of the parties.

f. Non-Appealing Candidates : Adam Aborn, Courtney Desilet, Matthew Engel, Tara Hewins, Richard Hill, Michael Romano and Francis Thomas (collectively "the Non-Appealing Candidates"): Documents designated "CONFIDENTIAL" may be disclosed to the Non-Appealing Candidates to extent that any such Non-Appealing Candidate may individually review documents designated "CONFIDENTIAL" that pertain to their own specific oral examination in and under the supervision of either parties’ attorney and said Non-Appealing Candidates are under ORDER not to disclose the contents of any documents designated "CONFIDENTIAL" with anyone other than persons identified in Paragraph 2 herein, if they so choose, or in testimony before the PAB. No copies of any document designated "CONFIDENTIAL" may be given to any Non-Appealing Candidate unless such individual appears as a witness before the PAB. Before documents designated "CONFIDENTIAL" are disclosed to any Non-Appealing Candidate, each such individual must agree to be bound by this Order by signing a document substantially in the form of Exhibit 1.

3. Documents designated "CONFIDENTIAL" may be shown to and discussed with the persons identified in Paragraph 2 above only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this ORDER in the form attached hereto as Exhibit 1. In the event such person refuses to sign an agreement in substantially the form attached as Exhibit 1, the Town shall not disclose the CONFIDENTIAL document and the party seeking disclosure of the confidential information may seek appropriate relief from the Court.

4. No person identified herein, other than the parties’ attorneys, is permitted to make copies of any document designated "CONFIDENTIAL."

5. Any person having custody of any document designated "CONFIDENTIAL" shall maintain it in a manner that limits access to the documents to persons permitted such access under this ORDER.

6. Counsel shall maintain a collection of all signed documents by which persons have agreed to be bound by this ORDER.

7. Counsel for the plaintiffs may submit a request in writing to counsel for the Town requesting that the Town modify or withdraw the designation of "CONFIDENTIAL" as to any document produced pursuant to this ORDER. If counsel for the Town does not agree to the re-designation within five (5) business days, counsel for the plaintiffs may apply to the Court for relief. Before serving a written challenge, counsel for the plaintiffs must attempt in good faith to confer with counsel for the Town in an effort to resolve the matter.

8. Any document designated "CONFIDENTIAL" pursuant to this ORDER offered as an exhibit or entered as an exhibit in any administrative proceeding before the PAB shall be so offered or entered under seal and may not be disclosed, released or produced without agreement of the parties to this matter or an ORDER of the Court re-designating any such document.

9. Should any portion of any recording or portion of the transcript of any such recording reveal the contents of any document designated "CONFIDENTIAL" pursuant to this ORDER the Town may seek an ORDER of this Court that any such portion shall be held under seal or redacted as necessary and appropriate. Nothing herein waives the Town’s ability to exercise its rights under the Connecticut Freedom of Information Act.

10. No party or its agents during the relevant PAB hearings may disclose the substance or content of any document designated "CONFIDENTIAL" under this ORDER in any public session. Any party seeking during the PAB hearings to disclose the substance or content of any document designated "CONFIDENTIAL" under this ORDER, must first ask that the hearing room be sealed from all but the board members, the parties, their lawyers, and any witness being examined. Once the hearing room is sealed any party may use the documents in any way pertinent to the proceeding. The presiding East Hartford public official will grant any such request made, but only for such time as may be necessary to avoid disclosure of the confidential material.

11. Neither party may use any document designated "CONFIDENTIAL" pursuant to this ORDER for any purpose other than the current appeals by Officer Guerrera, Detective Napolitano, and Officer Vanacore before the PAB. Specifically, production of any document designated "CONFIDENTIAL" pursuant to this ORDER does not allow any party to use such document before any other tribunal including, but not limited to, the Connecticut State Board of Mediation and Arbitration or the Connecticut State Board of Labor Relations. Nothing in this Paragraph 11 shall limit the rights of either party to exercise their rights under pursuant to Connecticut General Statutes § 51-85.

12. This ORDER pertains only to the current appeals by Officer Guerrera, Detective Napolitano, and Officer Vanacore before the PAB. Should the parties take further legal action concerning any decision or action of the PAB, either party may apply to the Court for a further protective order or release from any protective order concerning the use of any document designated "CONFIDENTIAL" in any additional proceedings before the Court or any other tribunal.

13. Upon final resolution of the appeals of Officer Guerrera, Detective Napolitano, and Officer Vanacore before the PAB, all documents designated "CONFIDENTIAL" and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry or receipt of such final decision), returned to the Town’s Human Resources Department, or certified as destroyed.

14. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to documents designated "CONFIDENTIAL" or for modification of this Order, or to seek any other relief from the Court on circumstances as they may develop.

EXHIBIT 1

I have been informed by counsel that certain documents or information to be disclosed or given to me in connection with the appeals of Jason Guerrera, Frank Napolitano, and Robert Vanacore currently being heard by the Town of East Hartford Personnel Appeals Board has been designated as confidential. I have also been informed that any such documents, copies or information labeled "CONFIDENTIAL" are confidential by Order of the Court.

I hereby agree that I will not copy or disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than the administrative proceedings before the Town of East Hartford Personnel Appeals Board.