OSWPCA: Sunshine / Fortuna's Bill of Attainder (punishment without trial) - 12Nov2014

Text facsimile

--------------------------> Joel R. Anderson

                            13 George Drive
                            Old Saybrook CT 06475-2636
                            860 388-9858
                            12 November 2014

Carl P. Fortuna Jr., First Selectman
Town of Old Saybrook
302 Main Street
Old Saybrook CT 06475-2384

Dear First Selectman Fortuna:

Re your 06Nov14 Bill-of-Attainder-documents to my 26Oct14 WPCA FOIA query, "This is a FOIA request for Old Saybrook WPCA's document, or CRAHD's document, identifying the public heath hazard emanating from 13 George Drive, Old Saybrook."

You didn't replied with the requested document.
"I am in receipt of your letter dated November 1, 2014 regarding your FOI request of October 26, 2014. / The documents (4 pages) that you requested are available for pick up in the Selectmen's Office. Please know that three pages are from the Wastewater Management District ordinance along with the CPK2 lot identification. There is a 50ยข charge per page."
- Carl P Fortuna Jr., First Selectman, 03Nov14
We pay $2 for your pig-in-a-poke. Together, your honest non-answer, the furnished documents, are a Bill Of Attainder - a list of property owners singled out for punishment without benefit of trial.

Mr Fortuna, you said in a Harbor News 28Jul12 OpEd "Waste Water Management District," that "The program is, for better or worse, one of the first in the country that's enforceable by ordinance." The Ordinance is not enforceable, a fact you seemingly recognized at the time by your use of the weasel words, 'for better or worse.'

Now 'worse' has come home to roost. You not only haven't enforced the Ordinance, you can't enforce the Ordinance; there's nothing 'legal' about it to enforce. You're a lawyer, you know it, and the Town's counsel on matters WPCA, Shipman & Goodwin LLP, know it. Now you lawyers are collectively hiding from your own bad judgement and defective legal work, afraid to go to court.

The Town is never going to take us to court because it can't cobble together a winning case.

The Town is in violation of the Stipulated Judgement. The Town has to pay for septic system upgrades. The Town can't continue to use threats and fraud to extract money, now $131,619.32 (2014_04_28_WPCA_Minutes) or more, from property owners who haven't been found guilty of anything, to benefit your personal electoral prospects by not raising taxes to pay for that for which the Town at referendum, voted.
                             Very truly yours,

                             Joel R. Anderson

e: 2014_11_06_FOIA_FortunaJr_4doc-Attainder_re_1Nov14.pdf

c: Deirdre M. Daly, US Attorney

N.B: a copy of this letter is posted to oswpca.com.
  Electronic and paper copies have been distributed
  to interested parties.