Middletown officials must disclose the names of 29 employees who received
interest-free loans from town tax money, the state Attorney General's Office has
ruled.
Businessman Jeff Bruette appealed the issue to the attorney
general after town leaders denied his public records request for the
information. Town officials said it was a personnel matter and not public under
the state's Freedom of Information Act.
In a 14-page opinion, Deputy
Attorney General W. Michael Tupman wrote: When employees avail themselves of an
interest-free loan from the Town, they must expect that there will be public
oversight of the amount and repayment of the loan requiring disclosure of the
name of the borrower.
The public has a legitimate interest in knowing
the essential facts about a financial transaction between an individual and a
public body including the name of the borrower, the amount of the loan, the
terms of repayment, and the loan status, he said.
Tupman gave the town
until July 22 to provide the information.
In June, Mayor Ken Branner
suspended the practice, under which employees with personal hardships had
received up to $14,000, after it came under scrutiny from residents and state
officials, including state Auditor R. Thomas Wagner. It was left up to Branner
to determine what was a hardship. No employee who sought help ever was denied
an interest-free loan.
The mayor has said neither he nor any council
member nor any of their relatives received loans.
Since the program began
in early 2004, Branner issued loans totaling $265,700 to 29 of the town's 103
employees. Some already have been repaid, with $216,841 outstanding, according
to figures released by the mayor last month. The program was never voted on in a
public meeting or included in a written policy. Council members were informed of
the loans but not involved in approval.
I am pleased that the attorney
general has agreed that the details of public funds should be public knowledge,
Bruette said. I'm anxious to see the details of those loans. However, my
intention has never been and is not to embarrass or shame or cause focus on the
individual borrowers.
The issue is not the borrowers themselves. The
issue is the town's handling of money, he said.
Branner could not be
reached for comment Friday. Councilwoman Catherine Kelly said the town may
appeal the decision, declining to comment further.
Council members Monday
unanimously approved Branner's recommendation to do away with the program and
turn over the outstanding debt to a bank. The bank will immediately repay the
town, and the employees will begin paying the money with interest to the
bank, taking Middletown out of the equation. Details, including which bank and
how much interest employees will pay, have not been disclosed or are still being
worked out.
Wagner has completed his investigation but is waiting for the
attorney general to finish a legal review of the lending practice before
releasing his report. Article VIII, Section 8 of the state constitution says no
municipality may lend its credit or appropriate money to any person.
Town
officials resisted releasing recipients' names, saying the loans were given for
hardship and thus disclosure could embarrass the employees, who did not realize
when they accepted a loan that it could become public.
Tupman said public
employees do not have a reasonable expectation of privacy that any part of their
compensation package is confidential: Nor do we believe that there is any
particular stigma attached to the need for a loan considering that 29 [out of
103] Town employees have received loans, he said in his opinion dated
Wednesday.
This is the third time Bruette has won a public records battle
with the town. The point is that the town cannot go giving away the public's
money and then say, it's our little secret who got it and why, he said. |
|