FOI: Fund Documents Should Be Public in Old Saybrook, Connecticut

OLD SAYBROOK - The State Attorney General's Office and the Freedom of Information Commission, FOIC, have preliminarily agreed that documents from a secret fund managed by Chief Edmund Mosca for the past 30 years be made available to the public.

Mosca claims the McMurray-Kirtland Memorial Fund, with a current balance of $32,000, is used to supplement the Old Saybrook Police Department and supports community organizations.

During a phone interview on Mar. 5, Connecticut State Attorney General Richard Blumenthal told the Pictorial Gazette that he has "received about 2,000 pages of documents going back to the 1980's" regarding the McMurray Fund.

"We are reviewing them carefully and closely and have talked to a number of individuals and welcome others to step forward that have knowledge of the fund and can provide other additional insight or perspective," Blumenthal said.

Regarding these documents, Blumenthal indicated that he "thinks they will be made public at some point."

Specifically, Blumenthal said his office's main concerns are centered upon the fund's financial and accounting practices and whether finances were spent in a way that was understood by those contributing to the fund.

"The time period for this investigation depends on what we find and how cooperative the parties are, just like any other investigation," Blumenthal stated.

Blumenthal's investigation came as a result of a complaint filed by resident Mary Hansen to the FOIC when Mosca refused to give her information about the fund.

"The police are supposed to protect us, who is watching over the police? It has to be State Attorney (General Richard) Blumenthal," Hansen said.

The FOI held a hearing on Feb. 6 and in a Feb. 27 letter, Commissioner Sherman London, who acted as the FOI hearing officer, preliminary has said Mosca violated disclosure provisions and should provide Hansen with the materials she is requesting "free of charge."

Specifically, Hansen has requested a written statement with the original intent of the fund, whether the fund is tax deductible, and between 2001 and 2007, a copy of monies deposited and expended from the fund, a list of individuals and businesses that have donated to the fund and a list of items obtained with the fund.

The original date for presenting new evidence to the commission was Mar. 4 but Hansen said the commission extended the deadline until Mar. 7 after receiving a letter from attorney Lisa S. Lazarek, who is representing Mosca in this case.

In a Feb. 29 letter written to Commissioner Sherman London, Lazarek said "the Chief's secretary has only this week located old archived files on the Mac Fund, files which were undiscovered at the time of the hearing before you earlier this month. These old documents have refreshed the Chief's recollection and as a result certain statements in his affidavit are not completely accurate."

Lazarek was unavailable for comment at press time.

Hansen wrote a Mar. 5 letter to London opposing any extension of time and stated that Lazarek's letter "did not mention how much or what parts of the affidavit needed amending; so I can only presume that a new affidavit would be submitted...he (Mosca) had adequate time to locate and review the documents prior to making his statement."

Furthermore, Hansen wrote that, "If there was any doubt regarding the existence of certain documents then it should have been communicated at the time of this hearing. Attorney Lazarek appeared confident that the Chief's statement was truthful and complete."

The FOI Commission plans to hold a disposition meeting on Mar. 12 at 2 p.m. where commissioners will vote on the matter.

The Internal Revue Service, IRS, has launched its own investigation after Mosca admitted in his original affidavit that "I was told by the Kirtland's family attorney, Norman Sivin, that it was not taxable, although the account had a tax identification number."

The affidavit also stated that "Reid and Reige, P.C. has been retained to incorporate the Mac Fund as a Connecticut non-stock corporation and to obtain tax exempt status."