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The auditors are not arguing that the Criminal Justice Institute document is not protected by attorney-client privilege, but they say that privilege extends to their office. “The idea here is the department, the agency, is saying that it is attorney-client privileged … but that protection flows to us as well because they are the state, we are the state,” Kane said. He said he does not recall ever having to go to such lengths to obtain a document from an agency it was auditing. “Under our statute we’re authorized all documents, all paperwork, all contracts,” Kane said. In their letter, Kane and Geragosian said their office first sought the report in July 2017 and then again in September and January 2018. The auditors have specifically asked the attorney general for a formal opinion to answer the following question: “Does the attorney/client, attorney work product or other privilege constitute a permissible basis upon which the Department of Correction may withhold the report from the Auditors of Public Accounts? If not, would providing a copy of the report to the Auditors of Public Accounts breach any such privilege?” The auditors feel the contract clearly states they have a legal right to see it, citing this passage from the contract between DOC and the outside contractor: “The Contractor shall make all of its and the Contractor Parties’ Records available at all reasonable hours for audit and inspection by the State, including, but not limited to, the Agency, the Connecticut Auditors of Public Accounts, Attorney General and State’s Attorney and their respective agents. Requests for any audit or inspection shall be in writing, at least ten (10) days prior to the requested date. “ In addition to investigating the issues with health care oversight and quality, the auditors said they have a duty to ensure the state got what it paid for in the $63,000 report.

For the original version including any supplementary images or video, visit https://ctmirror.org/2018/04/06/frustrated-auditors-appeal-ag-prison-officials-refusal-turn-report/

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