SUMMONS

- CIVIL

8T ATE OF CONNECTICUT

JO- 'V-1 Rev. 6-11 C.G '. §§ 51-346, 51-347, 51-349, 51-350, 52-45a, 52-48,52-259, P.B. Sees. 3-1 through 3-21, 8-1

SUPERIOR COURT
www.jud.ct.gov
interest in demand, in demand, not including not including and

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"X" if costs "X" if costs

amount, legal interest is less than $2,500. amount, legal interest is $2,500 or more.

or property or property

interest and

"X" if claiming

other relief in addition to or in lieu of money or damages. Telephonenumber of clerk (with
area code) Retum Date (Must be a Tuesday)

Address of court clerlcwhere writ and other papers shall be filed (Number, street, town and zip code)
(eG.s. §§ 51-346, 51-350)

1 Court Street

(860

) 343-6400

LRl JudicialDistrict

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HousingSession

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Number:

GA

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At (Town in which wn: is returnable) (e.G.s. §§ 51-346, 51-349) Middletown

""""iJaV" Year Case type code (See list on page 2)
Month

November

22 , 2. 011 90

Major:

M

Minor:

For the Plaintiff{s)
Barber

please enter the appearance of:
Street

Name and address of attomey, law finm or plaintiffif self-represented (Number, street, town and zip code)

& Staron

LLC 10 Summit

PO Box 88 East Hampton,

CT 06424

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Juris number{to be ~ni.red

by affOfney only)

425505

Telephone number (with area code)

Signatureof Plaintiff (It self-represented)

( 860 ) 267·2263
Number of Plaintiffs: Parties First Plaintiff Additional Plaintiff First Defendant Additional Defendant Additional Defendant Additional. Defendant

1

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Number of Defendants:

2

Name (Last, First, Middle Initial) and Address of Each party (Number; Street; P.O. Box; Town; State; Zip; Country, if not USA) Name; Michael Olzacki Address: 14 Flanders Road East Hampton, CT 06424 Name: Address: Town of East Hampton Address: 2Q East High Street East Hampton, CT 06424
Name:

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0 Form

JD-CV-2. attached for additional

parties

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Name: Matthew Reimondo Address: 20 East High Street East Hampton, CT 06424 Name: Address:
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Notice to Each Defendant
1. YOU ARE BEING SUED. This paper is a Summons in a lawsuit. The complaint attached to these papers states the claims that each plaintiff is making against you in this lawsuit. . 2. To be notified of further proceedings, you or your attorney must file a form called an "Appearance" with the clerk of the above-named Court at the above Court address on or before the second day after the above Return Date. The Return Date is not a hearing date. You do not have to come to court on the Return Date unless you receive a separate notice telling you to come to court. 3. If you or your attorney do not file a written "Appearance" farm on time, a judgment may be entered against you by default. The "Appearance" form may be obtained at the Court address above or at www.judctgov under "Court Forms." 4. If you believe that you have insurance that may cover the claim that is being made against you in this lawsuit, you should immediately contact your insurance representatlve. Other action you may have to take is described in the Connecticut Practice Book which may be found in a superior court law library or on-line at www.jud.ct.gov under "Court Rules." 5. If you have questions a out th mmons and Complaint, you shculd talk to an attorney quickly. The Clerk of Court is not allowed to give advice on leal~ • Datesigned [:RJ commis.sloner of the Name of PersonSigningat Left SuperiorCourt K hB b E 10/20/2011 AssistantClerk ennet. ar er, sq.

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Crfthis Sum';;::ans is signed by a Cler : a. The signing has been done so that he Plaintiff(s) wiJl not be denied access to the courts. b. It is the responsibility of the Plaintiff(s) to see that service is made in the manner provided by law. c. The Clerk is not permitted to give any legal advice in connection with any lawsuil d. The Clerk signing this Summons at the request of the Plaintiff(s) is not responsible in any way for any errors or omissions in the Summons, any allegations contained in the Complaint, or the service of the Summons or Complaint.

For Court Use Only File Date

I certify I have read and

Signed (Self-RepresentedPlaintlfr)

understand the above: Nameand addressof personrecognizedto prosecutein the amountof $250
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Commissionerof thE IvI Superter Court l"'J AssistantClerk (Page 1 of 2)

RETUR1'J DATE: NOVEMBER 22,2011 OLZL\CKI, lVIICHAEL
v.

SUPERlOR COURT J.D OF MIDDLESEX AT MIDDLETOvVN OCTOBER 19, 2011

THE TOWN OF EAST HAlVIPTON, lVIATTHE'WREIMONDO

AMENDED VERIFIED COlVIPLAINT 1. FACTS:

1. Plaintiff, Michael Olzacki, (hereinafter referred to as "Olzacki") is an individual, and at all times mentioned in tbis complaint is a resident and taxpayer of the Town of East Hampton, Middlesex County, and State of Connecticut. 2. Defendant, Town of East Hampton, is a municipal corporation located in the County of Middlesex and State of Connecticut, with its principal place of business at 20 East High Street, East Hampton, Connecticut, 3. The Town of East Hampton maintains a personal data system and is obligated by Connecticut General Statutes Section §4-190 to preserve the privacy of said personal data. The Town of East Hampton has promulgated rules, procedures, and guidelines to preserve the integrity and privacy of the personal data within its control. Furthermore, the Town of East Hampton has promulgated rules, procedures, and guidelines to supervise

Barber & Staron, LLC

• PO Box 88, East Hampton, Connecticut F: (860) 267-5832
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Juris Number 425505

and direct its employees with regard to the privacy of personal data, such that its employees do not have the ability to exercise discretion regarding the same. 4. Defendant, Matthew Reimondo, (hereinafter referred to as "Reimondo") is the Police Chief of the Town of East Hampton, and was or is that person designated by the Defendant, Town of East Hampton, to conduct, operate, control, maintain and supervise the Police Department and the animal control officer of the Town of East Hampton and held that position during all times relevant to this complaint. He is being sued in his individual and official capacities. 5. On or about November 2009, the Town of East Hampton solicited applications for the position of assistant animal control officer (ACO). The ACO was supervised by the East Hampton Chief of Police and was a staff member under the organization and budget of the East Hampton Police Department. 6. On or about November 2009, Olzacki completed an employment application which contained private personal information for the assistant animal control officer position and submitted this application to the Town of East Hampton. 7. Defendant Chief of Police Matthew Reimondo administered the application and hiring process for the ACO, initiated a background check of Olzacki and assigned a police

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officer to conduct this investigation, Sensitive personnel information concerning Olzacki was obtained in this investigation and reviewed by Reirnondo. 8, On or about March 2010, Reimondo sent a letter to Olzacki informing Olzacki that he would not be hired for the ACO position, 9, On or about October 29,2010, Olzacki submitted a Freedom of Information request to the Town of East Hampton for the emails, texts and phone records of Reimondo for the period of November 2009 to July 2010, 10, On or about November 4, 2010, Olzacki submitted a Freedom of Information request to the
TO\Vll

of East Hampton for the emails, texts and phone records of East Hampton

Director of Parks and Recreation Ruth Plummer for the period of September 1,2008 to November 2010, 11, On or about February 2011, Defendant Town of East Hampton provided Olzacki the emails of Rei mondo, but withheld approximately 20 emails as confidential. 12, On or about April 9, 2011, the Town of East Hampton provided to Olzacki the emails of East Hampton Director of Parks and Recreation Ruth Plummer, but withheld over '1300 emails as not work related, Olzacki appealed to the Freedom of Information Commission,

Barber & Staron, LLC

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PO Box 88, East Hampton, Connecticut
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Juris Number 425505

13. On or about June 27, 2011, Olzacki received a listing of categories of documents withheld from his FOr request of Ruth Plummer, and withdrew his appeal. 14. In a series of ernails and attachments dated on or about January 13, 2010 and January 14,2010, Reimondo discloses Olzacki's private personnel data maintained by the Town of East Hampton to his wife, Kathie Reimondo, at an email address believed to belong to a private company known as "Bob's Stores." 15. Kathie Reimondo is not now nor at any time relevant to this complaint an employee of the Town of East Hampton and was not pmi of the hiring or review process for Town employees, having no right or privilege to view or have knowledge of private personal data of Town employees or applicants. 16. In a series of emailsandattachmentsdatedonoraboutMarch4.2010.Reimondo discloses Olzackis private personnel data maintained by the Town of East Hampton to Renee L. Ghent at an email address believed to belong to a private company known as "Aetna. " 17. Renee L. Ghent is not now nor at any time relevant to this complaint an employee of the Town of East Hampton and was not part of the hiring or review process for Town

Barber & Staron, LLC

.. PO Box 88, East Hampton, Connecticut
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Juris Number 425505

employees, having no right or privilege to view or have knowledge of private personal data of Town employees or applicants. 18. In a series of em ails and attachments dated on or about January 14, 2010 to January 29,2010, Reimondo discloses Olzacki's private personnel data maintained by the Town

of East Hampton to Sue Berescik at a private email address. 19. Sue .Berescik is the librarian for the Town of East Hampton, and is not now nor at any time relevant to this complaint part of the hiring or review process for the Town's Police Department or animal control officer, and having no right or privilege to view or have knowledge of private personal data of Town employees or applicants outside of her department. 20. In a series of emails and attachments dated on or about December 18,2009 to January 14,2010, Reimondo discloses Olzacki's private personnel data maintained by the Town of East Hampton to Ruth Plummer at her work email address. 21. Ruth Plummer is the Director of Parks and Recreation for the Town of East Hampton, and is not now nor at any time relevant to this complaint part of the hiring or review process for the Town's Police Department or animal control officer, and having no right

Barber & Staron, LLC

• PO Box 88, East Hampton, Connecticut F: (860) 267-5832 a Juris Number 425505

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or privilege to view or have knowledge of private personal data of Town employees or applicants outside of her department. ' 22. At a public town meeting on or about October 5, 2010, Reimondo made statements in public disclosing certain personal data about Olzacki, said data being maintained by the Town of East Hampton and Reimondo. 23. Connecticut legislatures have enacted authorizing statutes to serve as an exception to municipal immunity. Connecticut General Statute §4-197 authorizes those "who are

aggrieved by a violation of the law protecting the privacy of personal data maintained by certain state or municipal agencies" to sue such state or municipal agencies for damages. The East Hampton Police Department is deemed an agency within the meaning of Connecticut General Statute §4-l90 and is therefore not protected by municipal immunity in this case. 24. The Town of East Hampton Employee Handbook emphasizes the importance of maintaining confidentiality regarding personnel issues in the workplace. The Handbook identifies key sections and specific procedures regarding internet and email usage, handling of personnel files and confidentiality.

Barber & Staron, LLC

• PO Box 88, East Hampton, Connecticut F: (860) 267-5832" Juris Number 425505

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25.

Specific provisions within the confidentiality policy include, "Employees should

refrain from discussing confidential information with outsiders and with anyone else who does not have a legitimate need to know the information ....Employees are not permitted to discuss confidential Town matters with other employees who do not have a right to know or with those who do not work for the Town, except as required to fulfill their job responsibilities or legal obligation ... Employees are not permitted to remove, make copies of or otherwise disclose any Town files, records or information without prior supervisory approval. This includes but is not limited to, personnel information, information about residents, and other business information." pgs. 10-13. 26. Specific provisions within the email policy include, "The email system, like all other Town property, is to be used for business purposes ... Personnel issues and other sensitive subjects should never be discussed on-line. The confidentiality of employee data, student data, and other sensitive subjects must always be maintained ... Since the internet is an open communication link, confidential information must not be transmitted or received over the internet." Pgs. 23-36 .. 27. Specific provisions within the personnel files policy include, "All files connected with an employee are considered strictly confidential, and access will be limited only to Human Resources employees, upper management, and the direct supervisor or manager

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Juris Number 425505

of an individual employee with a job-related need to know the information and who has been authorized to see the file ... Information contained in employee personnel files will not be made available to non-employees, unless written authorization is obtained from the employee, or a lawfulsunnnons, served." Pgs. 45-46. subpoena, or judicial order has been properly

II. LEGAL CLAIMS:

FIRST COUNT: CONN. GEN. STATUTES §4-197 (Olzacki v. All Defendants) 1-27. Paragraphs 1-27, inclusive, are hereby incorporated and made Paragraphs 1-27 of the First Count. 28. The Defendants were at all times relevant to this complaint in possession of the Plaintiff s personal data which was maintained in a personnel data system. 29. The Defendant, Reimondo, disclosed such personal data of the Plaintiff during the course of ills employment as Chief of Police for the Town of East Hampton. 30. The Plaintiff has been aggrieved in the following ways:

Barber & Staron, LLC

• PO Box 88, East Hampton, Connecticut F: (860) 267-5832 " Juris Number 425505

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V: (860) 267-2263

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a. Plaintiff has been approached by multiple members of the community who have questioned him regarding his political associations, ability, integrity, work history and level of professionalism. b. Plaintiff's reputation has been questioned in town meetings, open forums, newspaper articles, opinions in response to newspaper articles and other venues;
C.

Plaintiff's children have been questioned at school regarding their father's (the

Plaintiff's) political associations, integrity, work history and level of professionalism. d. Plaintiff, while seeking other employment, has had to explain these allegations against his political associations, integrity, ability, work history, and level of professionalism during the interview process.

SECOND COUNT: DEFAMATION

(Olzacki v. All Defendants)

1-27. Paragraphs 1-27, inclusive, are hereby incorporated and made Paragraphs 1-27 of the Second Count. Paragraphs 1-27 are hereby incorporated herein to Paragraphs 1-27 of the Second Count. 28. The Defendants either caused or allowed in their individual and official capacities the publication of a defamatory statement to a third person.

Barber & Staron, LLC

• PO Box 88, East Hampton, Connecticut

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29. The Defendants published a defamatory statement which indentified the Plaintiff to a third person. 30 ..The Plaintiff's reputation suffered injury in the followingways: a. Plaintiff has been approached by multiple members of the community who have questioned him regarding his political associations, ability, integrity, work history and level of professionalism; h. Plaintiff's reputation has been questioned in town meetings, open forums, newspaper articles, opinions in response to newspaper articles and other venues; c. Plaintiffs children have been questioned at school regarding their father's (the Plaintiff s) political associations, integrity, work history and level of professionalism; and d. Plaintiff, while seeking other employment, has had to explain these allegations against his political associations, integrity, ability, work history, and level of pro fessionalism.

THIRD COUNT: LIBEL (Olzacki v. All Defendants) 1-27. Paragraphs 1-27, inclusive, are hereby incorporated and made Paragraphs 1-27 of the Third Count.

Barber & Staron, LLC V: (860) 267-2263
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PO Box 88, East Hampton, Connecticut
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Juris Number 425505

28. The Defendants either caused or allowed in their individual and official capacities the publication of a writing to a third party. 29. The Defendants' writing identified the Plaintiff, such that it would be reasonably understood that it was about the Plaintiff. 30. The Defendants' writing was defamatory to the Plaintiff.

31. The Plaintiffs reputation suffered injury in the following ways:

a. Plaintiff has been approached by multiple members of the community who have questioned him regarding his political associations, ability, integrity, work history and level of professionalism; b. Plaintiff's reputation has been questioned in town meetings, open forums, newspaper articles, opinions in response to newspaper articles and other venues; c. Plaintiff's children have been questioned at school regarding their father's (the Plaintiff's) political associations, integrity, work history and level of professionalism; and

Barber & Staron, LLC

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PO Box 88, East Hampton, Connecticut
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d. Plaintiff, while seeking other employment, has had to explain these allegations against his political associations, integrity, ability, work history, and level of professionalism.

FOURTH COUNT: LIBEL PER SE (Olzacki v. All Defendants) 1-27. Paragraphs 1-27, inclusive, are hereby incorporated and made Paragraphs 1-27 of the Fourth Count. 28. The Defendants either caused or allowed in their individual and official capacities the publication of a writing to a third party. 29. The Defendants' writing identified the Plaintiff, such that it would be reasonably understood that it was about the Plaintiff. 30. The Defendants' writing was defamatory to the Plaintiff. 31. The Plaintiffs reputation suffered injury in the following ways:

a. Plaintiff has been approached by multiple members of the community who have questioned him regarding his political associations, ability, integrity, work history and level of professionalism;

Barber & Staron, LLD

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PO Box 88, East Hampton, Connecticut
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b. Plaintiff s reputation has been questioned in town meetings, open forums, newspaper articles, opinions in response to newspaper articles and other veneus; c. Plaintiff s children have been questioned at school regarding their father's (the Plaintiffs) political associations, integrity, work history and level of professionalism; and d. Plaintiff, while seeking other employment, has had to explain these allegations against his political associations; integrity, ability, work history, and level of professionalism.

'WHEREFORE, the Plaintiff requests judgment against Defendants and claims: 1. Money damages; 2. Attorney's fees; 3. Costs of this action; and 4. Such other and further relief as the Court deems just or equitable.

Barber & Staron, LtC V: (860) 267-2263
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,. PO Box 88, East Hampton, Connecticut F: (860) 267-58320 Juris Number 425505

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BY: Kenne~
His Attorney Barber & Staron, LLC 10 Summit Street PO Box 88 East Hampton, CT 06424 Tel: (860) 267-2263

PLAINTIFF, MICHAEL OLZACKI

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RETURN

DATE: NOVElVIBER

22~ 2011

SUPERIOR COURT J.D OF MIDDLESEX AT lVIIDDLETO"VI"~ OCTOBER 20,2011

OLZACKI, MICHAEL v. THE TO'VN OF EAST HAlVIPTON, IVIATTHEW REIMONDO,

JEFFREY 0 'KEEFE

STATEMENT OF AIVIOUNT IN DEIVIAND The amount, legal interest and property in demand is more than $15,000.00, exclusive of interest and costs.

PLAINTIFF,

MICHAEL OLZACKJ

BY:

Barber, Esq. His Attorney Barber & Staron, LLC 10 Summit Street PO Box 88 East Hampton, CT 06424 Tel: (860) 267-2263

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AJVIENDED VERIFICATION

I, Michael Olzacki, being duly sworn depose and say: 1, I am the Plaintiff in the above-captioned case, 2. I believe in the obligations of an oath, 3, The allegations in the foregoing VERIFIED COMPLAINT are true and accurate to the best of my knowledge. 4. I make this statement under penalty of perjury.

Sworn to and subscribed before me on this 20th day of October, 2011,

Kenneth Barber, Esq. Commissioner of the Superior Court Ju.ris 421321

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