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05/20/2010 12:00 AMExactly one year after town leaders signed a stipulated agreement acknowledging behavior by them that was inconsistent with the Freedom of Information Act (FOIA), Town Treasurer Darlene Jones has filed a second FOI complaint alleging town leaders have violated the act again. This new complaint alleges meeting notice violations and inappropriate discussion of her performance by town leaders and guests in an executive session held in First Selectman Noel Bishop's office on March 10, for which she did not receive advance notice. The executive session had been called to discuss the choice of a new finance director for the town.
According to Jones' filing with the FOI Commission, she was working alone in the treasurer's office in Town Hall on the evening of March 10 and overheard through the shared wall with the selectman's office "derogatory, slanderous statements...concerning me." She writes that she specifically recognized the voices of Town Attorney Michael Wells, Paul Connelly-the Board of Finance Chairman-as well as "unidentifiable others" making derogatory comments about her in the executive session meeting.
Her filing contends that she, as a subject of the executive session discussion, was not, but should have been, notified in advance of the attendees' intent to make her a focus of their discussion; in
other words, she had a right to know of and attend a meeting concerning her. In addition, Jones's filing noted that invited guests, including Wells, Town Labor Attorney Gabe Jiran, and Town Financial Consultant Glenn Klocko, were not specifically listed on the posted meeting agenda as they should have been under FOI Act rules.
First Selectman Noel Bishop said that the executive session meeting was publicly noticed and minutes were filed.
"It was a lawful meeting and posted properly," said Bishop.
Under the FOI Act, all public agencies-defined as including town boards and commissions, but also town-authorized
committees-must file public agendas at least 24 hours in advance of any meeting and have available for public review within seven days written meeting minutes with the date, time, names of agency members attending, invited guests, and statement of the reason for the meeting and, if any action were taken, a recording of the vote by name. These rules apply to executive sessions as well as regular and special meetings of a public agency.
Section 1-231 of the Connecticut Freedom of Information Act states the rules for executive sessions of public agencies: "At an executive session of a public agency, attendance shall be limited to members of said body and persons invited by said body to present testimony or opinion pertinent to matters before said body provided that such persons' attendance shall be limited to the period for which their presence is necessary to present such testimony or opinion and, provided further, that the minutes of such executive session shall disclose all persons who are in attendance except job applicants who attend for the purpose of being interviewed by such agency."
Glenn Klocko, the comptroller for the City of Bristol who is consulting to the town on the search for a new finance director, confirmed that he was invited to attend the March 10 meeting. He also commented that when he entered the meeting in Bishop's office, he did not see Jones in her office at that time.
With respect to any possible omission by the town or failure by the town to properly post or notice the meeting, Klocko said, "It is up to town agencies to post and notice their meetings" properly.
Klocko did not comment on or confirm any items discussed in the meeting, stating that the substance of public agency discussions held in executive session is confidential.