Paul Roy’s heart was in the right place.
Citing the state’s Freedom of Information law, the First Selectman last month asked half the Economic Development Commission to wait outside while the Board of Selectmen talked with three of its members.
It was a noble attempt to comply with the state’s sunshine laws. It turns out, however, his request actually violated the FOI act.
The situation came up again this week — a month later — because two members of the Economic Development Commission sent caustic letters to Roy citing their concerns about the action.
What Happened
The simple interaction is detailed on a video of the meeting produced by Frank Loda.
Click here to view the video. Or watch the video embedded below. The agenda item in question begins at roughly 31:30 minutes.
The Board of Selectmen had scheduled a discussion on whether to hire a new economic development director.
When the item came up, the Selectmen sent for members of the Economic Development Commission. They were meeting down the hall.
Members of the Economic Development Commission adjourned their meeting before filing into the Board of Selectmen meeting.
That concerned Roy, who asked if they had filed a separate agenda to meet with the Board of Selectmen.
The commission hadn’t.
Roy asked four members to wait in the hallway while the Board of Selectmen held a discussion with three Economic Development Commission members — chairman Jon Szuch, Rosalie Averil and Mike Horbal.
Roy said any more than three members would constitute a “quorum” and be considered an official meeting of the group.
“Only three can be in here, because (otherwise) it’s an FOI violation,” Roy said.
The town’s attorney was present, but didn’t weigh in.
‘This Was Insulting’
Ronald Balabon, one of two EDC members who wrote a letter to Roy and the Board of Selectmen, said he felt the action violated the constitutional rights of the committee members asked to wait in the hallway.
“Four of us remained outside of the door standing in the hallway for nearly one hour, including one of our oldest serving commissioners who is nearly 80 years old,” Balabon wrote. “This was insulting.”
Balabon also charged that appointing a subcommittee to determine if the town can fund an economic development director was disrespectful to the Economic Development Commission, which has pushed the town to hire a new director.
Economic Development Commission chairman Jon Szuch wouldn’t comment on Balabon’s letter, saying it “is in no way to be misconstrued as coming from the EDC.”
Szuch wouldn’t comment about the situation at the Sept. 7 meeting, saying “there is no story here” because it happened a month ago.
Balabon’s letter is dated Oct. 5.
Was It Proper?
Under the Freedom of Information Act, a meeting is defined as any proceeding or convening of a quorum — the minimum members of any board required in order to take action.
But there are exceptions to that rule.
One of those exceptions — it’s not a meeting if too many members of one board show up to sit in the audience of another board’s properly noticed public meeting.
Sorry
Roy said his decision last month was based on his knowledge of the FOI law — and his determination to “err on the side of caution” in all FOI questions.
“I don’t think I trampled on anyone’s rights,” Roy said. “If I erred, we’ll correct it.”
Roy said he has responded to the letters, explaining why he did asked four members to wait in the hallway.
“I didn’t do it to insult anyone or to hurt anyone,” Roy said. “I did it to protect the integrity of my meeting.”
