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04/04/2017 12:00 AMSeven members of Clinton’s Planning & Zoning Commission (PZC) held a prohibited, private meeting in December 2016 to discuss a change in leadership and at which pending applications, including the proposed CVS, may have been discussed.
The PZC, as with all commissions, has to follow rules established to ensure fairness and transparency in its decisions and in its decision-making process. One of those safeguards is the requirement that all meetings of the commission are held publicly, with a legal notice at least 24 hours in advance to allow all interested parties to observe or record the meeting. Commissions are also required to keep and post minutes of the meeting conversation and any decisions reached.
Planning & Zoning Commission Chair Michael Knudsen, in a March 13 letter addressed to the Board of Selectmen, acknowledged that the commission held a prohibited meeting on Dec. 11, 2016.
The letter reads in part, “The commission acknowledges that the unnoticed meeting of a quorum of the commission to discuss commission business for any reason was in violation of the Freedom of Information Act. The commission further acknowledges that, at various times, it was advised by its counsel, the former chairman, town staff, and/or representatives of the Freedom of Information Commission of its duties and obligations under the Freedom of Information Act with respect to meetings and correspondence.”
The meeting was called in a Dec. 8, 2016, email from PZC member Alan Kravitz with the subject “P&Z Chairperson.” The email reads: “Can we all get together on Sunday to develop a strategy to replace [thenPZC Chair] Gary [Bousquet]? I can offer my house at 6:00 PM and am open to alternative suggestions. If we put our heads together we should be able to adopt a strategy that works for us.” The email was sent to six other members of the commission: Michael Knudsen, Edward Alberino, Christine Goupil, Timothy Guerra, Ellen Dahlgren, and Aman Singh.
In the letter to the board of selectmen, Knudsen acknowledges that a meeting was held on Dec. 11, 2016. On Dec. 12, 2016, Knudsen was voted to become the new chairman of the commission.
Bousquet said he learned of the meeting from a member of the commission who was present at the Dec. 11 meeting but felt uneasy about the nature of the meeting. Bousquet confirmed the meeting with a second commissioner and was then shown Kravitz’s email.
Bousquet filed a Freedom of Information Act (FOIA) request on Jan. 3. In the request, Bousquet wrote “At least one open application was discussed at this illegal meeting. This open application by a CVS developer is a highly controversial application, and 6 of the 7 members at the illegal meeting had voted against the first application by CVS. As well as the open application being discussed, a plan which was discussed to unseat the current chair of the committee.
Bousquet told the Harbor News that in his time as chairman he had warned the commission not to hold private meetings.
“I went to these people and all I was asking for is transparency,” Bousquet said in reference to the seven commission members at the illegal meeting. “As elected officials, it is our duty to know the laws.”
Bousquet said that while his feelings were hurt when he realized the commission didn’t want him as a chairman, he has no ill-will toward his fellow commissioners.
Since the meeting was not official, there are no minutes or agenda available to confirm what was, or was not discussed.
Bousquet said he knows “for a fact that the CVS was at least mentioned,” noting, “It could have been someone just saying ‘hey don’t talk about CVS.’
“Anybody would have to assume they could have talked about any open application,” Bousquet said. “One of the reasons not to hold these meetings is everything becomes suspect.”
Bousquet dropped his FOIA complaint after a settlement was reached following the PZC on March 13. Minutes show Bousquet’s FOIA complaint was discussed in executive sessions during the February and March PZC monthly meetings.
Thomas Hennick, the public educator on Connecticut’s Freedom of Information Commission, was able to provide context on the matter. Hennick said the complaint was now withdrawn, with a stipulation that the commission attends a Freedom of Information Act training session. Since the complaint was now withdrawn, there is nothing from a FOIA compliance standpoint that would impact any open applications.
Hennick did speculate that there could be other repercussions for holding an unnoticed meeting where the commission can’t prove that pending applications weren’t discussed.
The controversial proposal for a CVS at the corner of Hull and Main Streets was denied by the PZC on Feb. 13. Should the developer contest the decision in court, the commission’s unnoticed, unrecorded meeting in advance of the decision is likely to be discussed.
The settlement of Bousquet’s complaint had two stipulations. One was that the commission would write a letter to be read at the Board of Selectman meeting and added to the public record along with Kravitz’s email. The second was that the commission would have to schedule a FOIA training session.
Knudsen’s letter states that the commission will schedule a session to go over the FOIA “in the near future.” These sessions “…will allow the commission to move forward in a manner that complies with the Freedom of Information Act, avoids confusion or ambiguity, and will reduce the risk of inadvertent violations in the future.”
Knudsen did not respond to emails seeking comment at press time. Hennick said he will be the one leading the training session, and that he anticipated the session taking place sometime in May.