Editor's note: This version corrects a headline spelling error.

Stonington - One year after The Day filed a Freedom of Information request, the town has released a heavily redacted transcript of the approximately 11,600 text messages that then-First Selectman Ed Haberek sent and received from his town-issued BlackBerry from January through August 2012.

Town Attorney Thomas Londregan said the town blacked out all but 518 of the messages because they are not public records under state law but Haberek's private communications. He pointed to a state law that defines public records as "relating to the conduct of the public's business." The law also allows the redaction of some public records involving labor and property negotiation, personnel matters and security issues.

The town policy governing the use of phones and computers during 2012 warned that "employees may not expect or assert a right of privacy in connection with any town-owned assets" and that the phones should be used to conduct town business.

The town's release shows, for example, that on Monday, July 30, Haberek sent or received 324 text messages between 8:43 a.m. and 10:03 p.m. with 209 coming during Town Hall business hours. The town redacted all but nine. The next day he sent or received 334, all but 16 of which the town redacted. On some days - such as June 30, when he sent and received 256 in 10 hours - the town redacted all his texts.

On Aug. 2, he sent 17 and received 21 texts in a 39-minute period in the hour before Town Hall closed. All were redacted. On Aug. 10, he sent 43 and received 44 texts between 1 and 2 p.m., when Town Hall was open. All but seven were redacted.

The 518 unredacted texts involved road issues, meetings of town boards and commissions and town finances.

Another 20,000 or so of Haberek's text messages, as well as transcripts of his e-mails in 2011 and 2012 that The Day requested, have not been released. The town is awaiting a ruling from the state Freedom of Information Commission, which has set a Feb. 24 hearing on The Day's request for unredacted transcripts. The town did release another 1,000 highly redacted texts from various dates in 2011.

Asked about the texts on Wednesday, Haberek responded by email to the reporter, saying:

"Since we have provided all material related to town business I am comfortable with what has been provided. Any other material is a waste of town resources which could be used on more important items than your 'witchhunt' of my life. Any other such material is years old, may be personal in nature and has no journalistic need. If any personal or professional damage is done to me or my family I will look forward to using all avenues to sue you personally and your publication."

Asked Wednesday about why he used the phone for personal use, Haberek wrote in an e-mail that "Similar to the private sector and since Dept. Heads and First Selectman position require a great deal of time, cell phones are allowed for personal business."

"Under the town policy, it states improper use of town phone/computer is the determination of Management. As George Sylvestre pointed out in his memo to (former selectman) Steve Bessette when he inquired on the policy, Management is determined from First Selectman's Office. My policy was to allow private calls on town phones," he wrote, going on to offer examples of occasions that town employees have used town phones for personal use.

After The Day made its original request on Feb. 13, 2014, Londregan set up a process in which Haberek would review the texts and e-mails and redact items. Director of Administrative Services Vin Pacileo, with guidance from Londregan, would then review the redacted items and determine if they should be released. Londregan had estimated the process to take one to two months. The process stalled when Haberek told The Day said he would not participate in the review, a process that he called a fishing expedition. As the chief executive of the town, there was no one to order him to review the texts and e-mails.

When First Selectman George Crouse took office in December, he instructed Pacileo to begin the review that resulted in the release of about one-third of the text messages sent in 2011 and 2012.

The Day and the town had earlier agreed to delay a December hearing before the FOI Commission to await the results of that release.

No emails have been released because the town has said it has had difficulty with the technical aspects of downloading them into an easily readable form.

The 2010 town policy for phones and computers in effect for 2011 and 2012 states that "e-mail and Internet access is provided for Town of Stonington business use only." The policy does not address text messaging specifically as that medium had not yet become as pervasive a means of communication as it is today.

The policy states that use of email and the Internet "for informal and/or personal purposes is permissible only within reasonable limits."

All email and Internet records are considered town records and "those who have personal confidential matters to communicate should, to assure privacy, not use Town computers or equipment, including fax machines," according to the policy.

"Additionally, Town of Stonington e-mail, Internet records are subject to disclosure to law enforcement or government officials or to other third parties through subpoena or other processes," states the policy. "Consequently, you should always ensure that the business information contained in these messages is accurate, appropriate and lawful."

The policy also prohibits the use of such equipment "that interferes with an employee's productivity and job performance," as well as for purposes such as pornography, harassment and theft.

j.wojtas@theday.com

Twitter: @joewojtas