GLASTONBURY ETHICS COMMISSION
REGULAR MEETING OF MONDAY, FEBRUARY 27 , 2006
MINUTES – Amended 5/22
The Glastonbury Ethics Commission with Town Attorney, Henry Zaccardi, held a Regular Meeting at 7:00 PM in Meeting Room A, Second Floor, Town Office Building located at 2155 Main Street, Glastonbury, Connecticut.
1) Roll Call
Present
Ms. Nancy Thomas, Vice Chairman/Secretary
Ms. Angela Bull
Ms. Alexandrina Sergio
Mr. Patrick Treacy
Mr. Reginald Babcock, Alternate
Mr. Richard Shaw, Alternate
Excused
Mr. Alan Spier, Chairman
Vice Chairman Thomas chaired the meeting and seated Commissioner Babcock in place of Chairman Spier.
2. New Business
A. Review of procedures applicable to participation by alternate Commission members in discussion and voting – Commissioner Thomas
Vice Chairman Thomas explained that they welcome alternates to participate in discussions but unless they are seated for a regular member that is excused, they cannot make motions or vote.
B. Review and update of requirements under Connecticut’s Freedom of Information laws – Attorney Henry Zaccardi
Town Attorney Henry Zaccardi explained the Freedom of Information Law saying that it is referred to as the “Sunshine Law” in that it is meant to allow the sun to shine in on how the town’s business is transacted. He spoke at great length about the intent of the law noting that FOI pertains to subcommittees. He made the point that at any time the business of the Commission is discussed whether it be via telephone, in-person conversation or via e-mail, it may constitute a meeting whether or not a quorum exists. He cautioned the Commission against ever discussing its business outside of a meeting and suggested they always have a quorum at meetings. He also noted that people will make mistakes but the FOI Commission would respond unfavorably in a situation where there was flagrant
disregard of the rules.
Vice Chairman Thomas asked if it was okay to discuss what they put on an agenda. Attorney Zaccardi said that it is acceptable to discuss what items to include on an agenda as long as the discussion does not get into the issue itself. He noted that there is a distinction made for staff that serves a Commission but not if Commission Members are acting in that role. He reviewed the Freedom of Information Act Training Workshop document that had been distributed to each of the Members of the Commission. Commissioner Shaw asked how they can assure visual privacy of their meetings and how they control the behavior of members of the public. Attorney Zaccardi said that the statute doesn’t speak to the location or type of room for the meetings but cautioned them against leaving public
buildings. He went on to note that advisory opinions should be handled in public as they are hypothetical situations. Commissioner Sergio indicated that they had hoped that advisory opinions would be used to prevent violations and that people would be very open to coming forward knowing that their questions would not be handled publicly.
C. Review of Commission E-mail policy – Commissioner Thomas and Attorney Zaccardi
Attorney Zaccardi reviewed the electronic and voice mail, disposition of government records and records administration documents all from the Connecticut State Library that were distributed to all of the Members. Commissioner Shaw was concerned about invasion of his privacy should the public seek his personal computer in search of public records. Commissioner Treacy suggested that he only receive information through traditional mail should that be of concern. The discussion of public records continued and Attorney Zaccardi said that the agency, in this case, the town, is the holder of the public record.
Commissioner Shaw questioned who takes responsibility for that and how each Member can be sure that it is happening. Commissioner Sergio said that the Chairman takes that responsibility and that the Members should have trust and confidence that their Chairman will do their job. She said that a Commissioner can retain a set of working documents as long as they know that the central depository for records has the official set for the public. Attorney Zaccardi reiterated that the public has the right to the public record but not five copies of the same record. Vice Chairman Thomas felt it was important to keep the documents reviewed during the course of this meeting, questioning if they would normally be attached to the minutes. Commissioner Sergio said that minutes and agendas are kept in
the Town Clerk’s office and including everything reviewed for the meeting with the minutes would create a burden. She suggested that Cindy, town staff assigned to the Commission, had always kept their documents on file and that they continue that practice.
D. Report on settlement discussions regarding Freedom of Information Commission Docket #FIC 2005-576: Karen Emerick v. Ethics Commission, Town of Glastonbury – Attorney Zaccardi
Attorney Zaccardi explained that the decision requires that the Members present at the meeting of September 13, 2004, scour their memories and make a good faith effort to reconstruct the meeting. Vice Chairman Thomas requested that Attorney Zaccardi with Chairman Spier, work out a process by which this matter could be addressed as required by the FOI Commission so as to bring closure. Commissioner Sergio questioned if they would have to reveal unsubstantiated charges of misconduct by a town official to which Attorney Zaccardi responded saying no. He added that they would not be required to go to such an extent as to repeat the allegations.
3. Report of the Chair None
4. Report of Committees
A. Town Ethics Training Program – Commissioner Babcock
Commissioner Babcock explained what they had done to date to train public officials on the subject of Ethics. He explained that they had been disappointed to only reach about half of the people they were intending to reach. He said that they are in the position of having to entice the potential trainees with a carrot instead of a stick, that is, there is no real requirement that the board members take the training. He said that he would like to get very serious about the matter and do more to ensure everyone gets the training. He reminded the other Members that they had stopped the previous spring recognizing that the fall would bring new elections. He suggested that Ethics be on the agenda of every board and commission in town and handle it in a very succinct way. Commissioner
Sergio asked how many had signed out the videos they had made. Commissioner Babcock wasn’t certain but noted the draft of the letter he had distributed on the topic for Chairman Spier to sign. There were no objections to the content of the draft.
5. Reading of Communications None
6. Reading and Approval of Minutes of Meetings January 9, 2006
Motion By: Commissioner Bull Seconded: Commissioner Sergio
MOVED, that the Ethics Commission accept the minutes presented for the Regular Meeting held January 9, 2006, with the following changes-
i. Page 1, clerk’s note, add to the end, “and therefore, his votes as reflected in these minutes are unofficial”.
ii. Page 2, item 5, correct “Sergio” to read “Spier”.
iii. Page 3, item 6, strike and replace sentence with, “Commissioner Sergio reviewed the proposed changes which, in accordance with FOI requirements that votes be recorded, make clear that no votes were taken.”
iv. Page 2, 3rd Motion, correct the date to be February 28, 2005.
Result: Motion passes unanimously. (4-0-1)
For: Vice Chairman Thomas and Commissioners Bull, Sergio
and Treacy
Against: None
Abstain: Commissioner Babcock {excused}
7. Adjournment
With no further business and without objection, Vice Chairman Thomas adjourned the meeting at 9:15 p.m..
Respectfully Submitted,
Kimberly Meanix Miller
Kimberly Meanix Miller
Transcribing Clerk
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