GLASTONBURY ETHICS COMMISISON
AGENDA FOR REGULAR MEETING
MONDAY, FEBRUARY 27, 2006
7:00 P.M.
MEETING ROOM A
GLASTONBURY TOWN OFFICE BUILDING
AGENDA
1. Roll Call
2. New Business
A. Review of procedures applicable to participation by alternate Commission members in discussion and voting – Commissioner Thomas
B. Review and update of requirements under Connecticut’s Freedom of Information laws – Attorney Henry Zaccardi
C. Review of Commission E-mail policy – Commissioner Thomas and Attorney Zaccardi
D. Report on settlement discussions regarding Freedom of Information Commission Docket #FIC 2005-576: Karen Emerick v. Ethics Commission, Town of Glastonbury – Attorney Zaccardi
3. Report of the Chair
4. Report of Committees
A. Town Ethics Training Program – Commissioner Babcock
5. Reading of Communications
6. Reading and Approval of Minutes of Meetings
A. Meeting of January 9, 2006 – See Attachment
7. Adjournment
ATTACHMENT TO AGENDA FOR MEETING OF GLASTONBURY ETHICS COMMISSION ON FEBRUARY 27, 2006
Minutes of Meeting of January 9, 2006
GLASTONBURY ETHICS COMMISSION
REGULAR MEETING MINUTES OF MONDAY, JANUARY 9, 2006
The Glastonbury Ethics Commission with Town Attorney, Bruce Chudwick, held a Regular Meeting at 7:00 PM in the Engineering Department Conference Room, Third Floor, Town Office Building located at 2155 Main Street, Glastonbury, Connecticut.
1) Roll Call
Present
Ms. Angela Bull
Ms. Alexandrina Sergio
Mr. Alan Spier
Ms. Nancy Thomas
Mr. Patrick Treacy
Mr. Richard Shaw, Alternate
Excused
Mr. Reginald Babcock, Alternate
{During the process of the meeting, Commissioner Shaw participated in the votes but was an unseated alternate./kmm}
2) Election of Officers for 2006-2007
Motion By: Commissioner Spier Seconded: Commissioner Treacy
MOVED, that the Ethics Commission designate Commissioner Sergio as Acting Chairman for the purpose of the election of officers.
Result: Motion passes unanimously. (6-0-0)
Commissioner Sergio served as Acting Chair and asked for nomina tions for Chairman. ~
Nomination:~Commissioner Spier
By:~Commissioner Thomas Seconded:~Commissioner Bull
Commissioner Thomas praised Commissioner Spier for his experience and ability to articulate the issues. Hearing no others, Commissioner Sergio closed the nominations and called for a vote.
Result:~ ~Commissioner Spier was elected Chairman by the following vote- (5-0-1)
For: Commissioners Bull, Sergio, Thomas, Treacy and Shaw
Against: None
Abstain: Commissioner Spier
Commissioner Sergio asked for nominations for Vice Chairman/Secretary.
Nomination:~ Commissioner Thomas~~ By: Commissioner Treacy~
Commissioner Treacy said that Commissioner Thomas had been very involved in the work of the Commission and has done an excellent job. Hearing no others, Commissioner Sergio closed the nominations and called for a vote.
Result: Commissioner Thomas was elected Vice Chairman/Secretary by the following
vote- (5-0-1)
For: Chairman Spier and Commissioners Bull, Sergio, Treacy and Shaw
Against: None
Abstain: Commissioner Thomas
Commission Sergio turned the meeting over to Chairman Spier.
3) Acceptance of Minutes, November 14, 2005
Motion By: Commissioner Sergio Seconded: Commissioner Shaw
MOVED, that the Ethics Commission accept the minutes as presented for the Regular Meeting held November 14, 2005.
Result: Motion passes unanimously. (4-0-2)
For: Chairman Spier, Vice Chairman Thomas and Commissioners Sergio
and Treacy
Against: None
Abstain: Commissioners Bull and Shaw {not yet Members}
4) Communications, Items of Note
Commissioner Sergio noted the interview in the Hartford Courant with the new State Ethics Chief remarking that his philosophy on confidentiality sounds very much in line with this Commission. Vice Chairman Thomas added that he sounds very animated and full of energy with many ideas.
5) Status of Most Recent Inquiry:
Chairman Sergio informed the other Members that the formal inquiry that was under review by the Commission had been resolved in that Commission declined to find probable cause.
6) Further Amendments to Minutes of 12/13/04; 1/10/05; 2/28/05:
Commissioner Sergio reviewed the changes to specify that no votes were taken which resulted from the FOI decisions.
Motion By: Commissioner Sergio Seconded: Commissioner Treacy
MOVED, that the Ethics Commission accept the following addition to item 2, Closed Session, of the minutes of December 13, 2004.
Ms. Sergio suggested that the initial consideration should be whether the
Commission would have jurisdiction to issue an opinion in the particular case. Brief general discussion indicated agreement with the suggestion. No votes were taken. All conclusions were reached by general agreement, with no objections raised by any Commissioner.
Result: Motion carries unanimously. (4-0-2)
For: Chairman Spier, Vice Chairman Thomas and Commissioners Sergio
and Treacy
Against: None
Abstain: Commissioners Bull and Shaw {not yet Members}
Motion By: Commissioner Sergio Seconded: Vice Chairman Thomas
MOVED, that the Ethics Commission accept the following addition to item 10, Closed Session, of the minutes of January 10, 2005.
No votes were taken. All conclusions were reached by general agreement, with no objections raised by any Commissioner.
Result: Motion carries unanimously. (4-0-2)
For: Chairman Spier, Vice Chairman Thomas and Commissioners Sergio
and Treacy
Against: None
Abstain: Commissioners Bull and Shaw {not yet Members}
Motion By: Commissioner Sergio Seconded: Commissioner Treacy
MOVED, that the Ethics Commission accept the following addition to item 10, Closed Session, of the minutes of January 10, 2005.
No votes were taken. All conclusions were reached by general agreement, with no objections raised by any Commissioner.
Result: Motion carries unanimously. (4-0-2)
For: Chairman Spier, Vice Chairman Thomas and Commissioners Sergio
and Treacy
Against: None
Abstain: Commissioners Bull and Shaw {not yet Members}
7) Amendments to Procedures Document, Sections 1-1(d), 1-4(c), 4-1 and 4-2
Commissioner Sergio proposed the following amendments to recognize that the Chairman or Vice Chairman, not the Commission as a whole, must screen communications to determine whether or not they must be kept confidential or could be made available to the public. She also suggested they create a new section and move language which gives the Commission the right to publish decisions that may serve to be educationally valuable if they can do so while protecting the confidentiality of those involved.
Motion By: Commissioner Sergio Seconded: Commissioner Treacy
MOVED, that the Ethics Commission accepts the following new language for Section 1-1(d):
The Town Clerk will maintain each original request for an Advisory Opinion in a confidential, indexed file until the request has been screened by the Commission Chair or Vice Chair to determine that it does not contain an allegation of Code of Ethics violation which would subject it to confidentiality requirements. Upon finding that no such allegation exists, the file will be made available for public inspection. The Chair or Vice Chair will specifically identify to the Town Clerk in writing which files should and should not be made available for public inspection.
Disc: Commissioner Shaw expressed concern about culpability for the language and asked if it was written by an attorney. Commissioner Sergio said that the language was approved by an attorney. Chairman Spier added that they couldn’t provide assurance they were not culpable but only that it was reviewed by an attorney.
Result: Motion carries unanimously. (5-0-1)
For: Chairman Spier, Vice Chairman Thomas and Commissioners Bull, Sergio and Treacy
Against: None
Abstain: Commissioner Shaw
Motion By: Commissioner Sergio Seconded: Commissioner Treacy
MOVED, that the Ethics Commission accepts the following new language for the heading for Section 1-4:
1-4. Confidentiality
Result: Motion passes unanimously. (6-0-0)
Motion By: Commissioner Sergio Seconded: Commissioner Shaw
MOVED, that the Ethics Commission accepts the following new language for Section 1-4(c):
Advisory Opinions for matters not treated as Inquiries under 1-4(a) will be available for public inspection through the Town Clerk’s Office.
Result: Motion passes unanimously. (6-0-0)
Motion By: Commissioner Sergio Seconded: Commissioner Treacy
MOVED, that the Ethics Commission accepts the following new language for Section 4-1:
The Commission welcomes Communications from the public even if they do not fall within the categories of an Advisory Opinion, Inquiry, or Complaint. These should be in writing and should include the name and address of the individual making the Communication. The Communication should be addressed to the Chair of the Ethics Commission, c/o the Glastonbury Town Clerk, 2155 Main Street, Town Hall, Glastonbury, Connecticut. Promptly after its receipt by the Town Clerk, the Clerk will forward a copy of the Communication to the Chair of the Commission and will maintain the original in a confidential, indexed file until the Chair or Vice Chair determines whether the request should be treated as confidential. Requests that are not treated as confidential will be available for public inspection.
Communications will be handled on a case-by-case basis and at the discretion of the Commission.
Result: Commissioner Shaw questioned the time table and the process if the Chair was unavailable. Commissioner Sergio indicated that the Chair and Vice Chair keep in touch and would make the Town Clerk aware if they were unavailable. Attorney Chudwick added that it is common understanding that the Vice Chairman would assume the responsibilities of the Chair should that person be unavailable.
Result: Motion passes unanimously. (6-0-0)
Motion By: Commissioner Sergio Seconded: Commissioner Treacy
MOVED, that the Ethics Commission accepts the following new Section 4-2(c):
The Commission may publish decisions in whole or in part if it decides that publication would serve the public interest and publication can be made in such a way as to protect the personal identity and privacy of persons who were the subject of an evaluation of a possible violation of the Code of Ethics.
Disc: Commissioner Shaw questioned the ability to publish a case while protecting confidentiality and a discussion ensued. A consensus was reached that while they may not be able to make use of the enabling language, they wanted to keep it should they have a circumstance where it was possible.
Result: Motion passes unanimously. (6-0-0)
8) Amendments to Procedures Document re Inquiry Process:
Motion By: Commissioner Spier Seconded: Commissioner Treacy
MOVED, that the Ethics Commission add to the agenda consideration of amendments to Procedures Document Section 2-3(b).
Result: Motion passes unanimously. (6-0-0)
Attorney Chudwick explained the need to change the language from executive to confidential.
Motion By: Commissioner Spier Seconded: Commissioner Treacy
MOVED, that the Ethics Commission amend Procedures Document Section 2-3(b) changing “Executive Session” to “Confidential Session”.
Result: Motion passes unanimously. (6-0-0)
Motion By: Commissioner Spier Seconded: Commissioner Treacy
MOVED, that the Ethics Commission add to the agenda consideration of amendments to Procedures Document Section 1-4(b).
Result: Motion passes unanimously. (6-0-0)
Attorney Chudwick explained the need to change the language from closed to confidential.
Motion By: Vice Chairman Thomas Seconded: Commissioner Treacy
MOVED, that the Ethics Commission amend Procedures Document Section 1-4(b) changing “Closed Session” to “Confidential Session”.
Result: Motion passes unanimously. (6-0-0)
9) Other business
Commissioner Sergio asked how the procedures worked in handling the recent Inquiry. Both Chairman Spier and Vice Chairman Thomas indicated that they worked well.
Motion By: Vice Chairman Thomas Seconded: Commissioner Treacy
MOVED, that the Ethics Commission add to the agenda discussion and possible action on the meeting schedule.
Result: Motion passes unanimously. (6-0-0)
Attorney Chudwick said that the meeting schedule was filed with the Town Clerk in November but suggested they be voted on by the Commission. Chairman Spier noted that the 2nd Monday became an issue for Commissioner Babcock and questioned the availability of the Members for other nights. A consensus was reached to change to 4th Mondays and in the event of a holiday, 3rd Mondays.
Motion By: Commissioner Spier Seconded: Commissioner Treacy
MOVED, that the Ethics Commission, starting in February 2006, change their regular meeting night to the 4th Monday of the month and in the case of a holiday in a specific month, meetings shall be scheduled on the 3rd Monday, and approve the following meeting dates for 2006-2007.
January 9, 2006
February 27, 2006
March 27, 2006
April 24, 2006
May 22, 2006
June 26, 2006
July 24, 2006
No meeting in August
September 25, 2006
October 23, 2006
November 27, 2006
December 18, 2006
January 22, 2007
Result: Motion passes unanimously. (6-0-0)
Motion By: Commissioner Spier Seconded: Commissioner Shaw
MOVED, that the Ethics Commission add to the agenda discussion and possible action on an agenda format.
Result: Motion passes unanimously. (6-0-0)
Attorney Chudwick explained that many Boards and Commissions have specific formats to their agendas which make their business more orderly. He said that if the Commission was interested in considering that, he could work up a draft for review. A consensus was reached in favor of Attorney Chudwick putting together a structured agenda for the Commission to review. The matter was tabled to a future meeting.
Motion By: Commissioner Shaw Seconded: Commissioner Sergio
MOVED, that the Ethics Commission add to the agenda discu ssion of liability and indemnification of Commission Members.
Result: Motion passes unanimously. (6-0-0)
Attorney Chudwick spoke at some length in reviewing the statutes which indicate that as long as the Members of the Commission are acting in good faith that the town would defend them. Commissioner Shaw asked if the statutes allow them as a Commission to file complaints against frivolous complainers to which Attorney Chudwick indicated yes. Commissioner Shaw expressed concern about the level of scrutiny the Commission endures and questioned if they should have an attorney present for determinations of confidentiality. He stated that losing in a civil suit is devastating to one personally such as impacting credit, increasing insurance rates and decreasing employability which seems ludicrous when it could be the result of the town not having a secretary in the office to file the minutes on time.
Attorney Chudwick suggested Commissioner Shaw contact his legislators about changing the law.
Commissioner Treacy asked for a summary of the FOI complaints, decisions and corrective action which Chairman Spier agreed to put together. Commissioner Sergio stated that she felt it was tremendously important for the law to change so that the FOI regulations can appropriately deal with an Ethics Commission. Attorney Chudwick stated that if potential Commissioners are not comfortable with the information supplied about liability and the statutes that govern the subject, they probably should not serve
10) Adjournment
Motion By: Commissioner Treacy Seconded: Commissioner Shaw
MOVED, that the Ethics Commission adjourn its Regular Meeting of
January 9, 2006, at 8:54 PM. (6-0-0)
Result: Motion passes unanimously.
Respectfully Submitted,
Kimberly Meanix Miller
Kimberly Meanix Miller
Recording Clerk
Attachments: Amendments to minutes of 12/13/04; 1/10/05; 2/28/05.
GLASTONBURY ETHICS COMMISSION; for meeting of January 9, 2006
(1.) ADDENDUM TO MINUTES OF MEETING OF DECEMBER 13, 2004
Re: Regular Meeting Minutes Item 2, Closed Session
1.) Commissioners held discussion with Atty. Henry Zaccardi concerning pending complaints: Emerick v Glastonbury Ethics Commission.
2.) Commission Chair Sergio distributed copies of a request for Advisory Opinion, which Commissioners agreed to take up at the January meeting. (document on file) (Approved by unanimous vote at Ethics Commission meeting of November 14, 2005 on motion made by Commissioner Spier and seconded by Commissioner Treacy. Commissioner Thomas abstained. Commissioners in attendance were Commissioners Sergio, Spier, Treacy and Thomas.)
AMEND BY ADDING THE FOLLOWING TO ITEM 2.):
Ms. Sergio suggested that the initial consideration should be whether the Commission would have jurisdiction to issue an opinion in the particular case. Brief general discussion indicated agreement with the suggestion. No votes were taken. All conclusions were reached by general agreement, with no objections raised by any Commissioner.
(2.) ADDENDUM TO MINUTES OF MEETING OF JANUARY 10, 2005
Re: Regular Meeting Minutes Item 10, Closed Session
Commissioners discussed a request for an Advisory Opinion from a town official. Commissioners concluded that the Commission did not have jurisdiction in the particular case. Commissioner Spier agreed to write the decision. (document on file) Approved by unanimous vote at Ethics Commission meeting of November 14, 2005 on motion made by Commissioner Spier and seconded by Commissioner Thomas. Commissioners in attendance were Commissioners Sergio, Spier, Treacy and Thomas.
AMEND BY ADDING THE FOLLOWING:
No votes were taken. All conclusions were reached by general agreement, with no objections raised by any Commissioner.
(3.)ADDENDUM TO MINUTES OF MEETING OF FEBRUARY 28, 2005
Re: Regular Meeting Minutes Item 9, Closed Session
Commissioners discussed a request from a Board member for an Advisory Opinion concerning potential conflict of interest between his official duties and his employment . Commissioners determined that conflict and/or the appearance of conflict could arise in specific circumstances and advised that the Board member recuse himself from acting if those circumstances should arise. Commissioner Sweeney agreed to write the decision. (document on file)
Approved by unanimous vote at Ethics Commission meeting of November 14, 2005 on motion made by Commissioner Spier and seconded by Commissioner Thomas. Commissioners in attendance were Commissioners Sergio, Spier, Treacy and Thomas.
AMEND BY ADDING THE FOLLOWING:
No votes were taken. All conclusions were reached by general agreement, with no objections raised by any Commissioner.
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