Ansonia Mayor David Cassetti has made it an absolute priority to foster the most open and transparent government possible.
To this end, I was asked to host a forum on Connecticut’s Freedom of Information laws on April 1, 2014.
This well-attended event was conducted with support from my law firm, Berchem, Moses and Devlin, which specializes in municipal law.
The forum was an opportunity for both residents and city officials to obtain a better understanding of the rules of transparency and openness that govern Connecticut cities and towns.
Connecticut’s Freedom of Information Act establishes regulations that demand accountability from the public sector.
Some of the laws discussed fall into the category of “common sense.”
However, other rules require more attention from public officers to get right. Most of the forum focused on these more challenging areas of the law.
For example, use of executive session (where a city board or commission goes into a private, closed-door meeting during which no minutes are kept) may only be held under a small handful of specific circumstances.
These circumstances include:
- (1) discussion of the appointment, employment, performance, evaluation, health of a city employee or official;
- (2) strategy regarding pending litigation;
- (3) security issues;
- (4) discussion of the lease, purchase or sale of real estate owned by the municipality; and
- (5) discussion of materials that would result in the disclosure of public records that are otherwise exempt from disclosure, such as police records.
Modern technology has also created new obligations for public officials to be aware of.
The best example may be the use of electronic communications. A back-and-forth dialogue over email between board or commission members may be convenient, but it violates the law if a quorum (some number greater than a majority) of members is in on the conversation.
This also applies to group text messages and other forms of web-based communication, such as the voice over IP services offered by companies such as Skype.
However, it should be noted that electronic communication can also help public officials meet quorum: the Freedom of Information laws would allow one or more board members to attend an over the Internet or even by conference call.
I am including with this letter a “cheat sheet” that highlights some frequently asked questions regarding the application of Connecticut’s Freedom of Information Act. I ask that you please share this information with your readership.
Based on the success of April’s seminar, Berchem, Moses and Devlin will be conducting a similar review for the Ansonia Housing Authority on May 29, 2014. Additionally, a seminar devoted to land-use issues will be scheduled for the benefit of Ansonia’s Planning and Zoning, Zoning Appeals and Inland Wetlands Commissions.
Mayor Cassetti has also expressed a desire to hold a forum with representatives from the Connecticut Freedom of Information Commission this fall.
As always, please feel free to contact me with any questions at jmarini@ansoniact.org.
John P. Marini, Esq.
Corporation Counsel, City of Ansonia
