Last month, Seymour issued a new Freedom of Information Response Policy, which explains who should respond to FOI requests.
Some Board of Finance members are concerned the policy puts the onus on volunteers to respond to the requests instead of town employees.
Finance board chairman Mark Thompson said in an interview Monday the new policy would dissuade people from volunteering to serve on boards.
The policy became effective Oct. 7. It was necessary because there were two FOI requests to the finance board in the past 12 months, and it was unclear who would be responsible for responding, according to First Selectman Paul Roy.
The policy as written states that boards and commissions must respond to FOI requests, while forwarding copies to the First Selectman’s office.
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However, an unpaid, part-time, volunteer committee should not be ultimately responsible for responding to FOI requests, Thompson said at the Oct. 26 meeting of the finance board.
Anyone who does not properly respond to an FOI request could face a $1,000 fine.
“There could be a complaint, but it might sit on someone’s desk at Town Hall for six months, and I am the one responsible for answering it,” Thompson said. “And if I get fined, that’s a personal fine. The town doesn’t, cannot, pay it.”
Thompson said there has been at least one case where the same request or complaint was filed simultaneously with him, the first selectman and the town finance director.
“So it becomes a question of, who is responsible to respond?,” Thompson said.
He said he believes town officials should respond, not volunteers who do not always have access to information or records that are requested.
Finance board member Bill Sawicki also expressed strong concerns, saying volunteers should not be responsible for responding to FOI requests if there is no legal mechanism in place to protect the volunteers should paid staff be negligent in any way.
The matter is up for further discussion and is on the agenda for the finance board’s meeting Tuesday at 7 p.m. in Town Hall.
Roy said Monday he does not know what their specific concerns are about the FOI policy, other than making sure they get help with information gathering.
“There was no prior written policy and that is why I wrote this one. It gives everyone a direct path to follow when a request is made. FOI rules are state statues so this policy just makes it easier for people to follow,” Roy said.
He said he wrote the policy because there was confusion over who is responsible for FOI requests.
“It really is just building on what the state has in place and upon consultation with the FOI officials this is the right way to go,” Roy said.
Roy’s policy appears to have credibility with the FOI Commission.
It makes sense that boards and commissions should respond to requests for information about their activities, said Kathleen Ross, an attorney with the FOI Commission.
“Who would be most likely to have information about the Board of Finance, the Board of Finance or the Town Clerk?,” she asked, rhetorically.
The new policy applies to all boards and commissions, not just the finance board.
