Duff Claims Freedom of Information Act Does Not Apply to Him.

State Senator Robert Duff, the Senate Majority Leader, claims the state’s constitution exempts him from the Freedom of Information Act. Bob Welsh, a writer for the respected local news website NancyOnNorwalk.com, requested from Duff on April 19th and June 21st, “emails received during the period February 1 through March 31 2019 [sic], regarding school regionalization, which mention Norwalk.”

Duff refused to comply with the request. His Senate Democratic caucus attorney claimed in a message to Welsh that the request is barred by Article Third, Section 15 of the state’s constitution. It reads:

SEC. 15. The senators and representatives shall, in all cases of civil process, be privileged from arrest, during any session of the general assembly, and for four days before the commencement and after the termination of any session thereof. And for any speech or debate in either house, they shall not be questioned in any other place.

Welsh is not seeking to have Duff arrested. He’s seeking information on school regionalization in Norwalk. The Freedom of Information Commission will hold a hearing on Welsh’s complaint Monday, September 9th at 11 a.m. Duff’s assault on open government is the most serious mounted by a high-ranking public official in many years.

The hearing comes at an embarrassing time for Duff. On Thursday, he endorsed Pete Buttigieg for the Democratic nomination for president. Buttigieg has tried to stake out some turf in the crowded field as a notable advocate for transparency in government. His campaign website declares, “Pete believes in our democratic republic, but knows that our government has not been nearly democratic or accountable enough.”

Duff and Buttigieg appear ill-suited for each other.