FOI Act & Public's Right to Info

[Dr.Ken Sokolowski]

This coming week, Mon., March 13 to 20, is "Sunshine Week" - a week to acknowledge the public's right to information under the Freedom of Information Act by in the State of Connecticut and in the USA.

poster image to come

I am somewhat belatedly starting this thread, separate from that regarding the activities of the Town Council in December, 2005 and January 2006, concerning the exchanges about the "format" of minutes of meetings of boards and commissions in Town.

The problems in Rocky Hill and those which almost developed in Wethersfield stemmed from a legislative hole in our FOIA - the lack of a definition of the word "minutes". Scott Coleman of Rocky Hill, CT, and I realized that until this defect in the FOIA was corrected, the problem of local interpretations and applications of the FOIA would persist and might grow.

Coleman spearheaded the effort to get a corrective bill raised before the GAE (Government Administration and Elections) committee of the CGA (Connecticut General Assembly) to fix this and other statutory problems with the FOIA. It is HB-5576.

I see this thread as relating to this initiative and the underlying FOIA.

Barbara Surwillo (RH Town Councilor), Andy Sauer (Exec.Dir. CT Common Cause), Scott Coleman (myrockyhill.com), Susan Kniep (Exec.Dir CFTO, ctact.org) and I and others testified before the GAE this past Monday, 3/6/2006, presenting the committee members with written copies of our comments. I will post mine here.

Be sure that efforts are ongoing up on the Hill. This "short session" moves very quickly. A lot of effort goes into what is required to get a bill passed. It takes high-energy and persistent people to do it. Compared to those who I have mentioned above, I wish I had more energy and time than I do; they are incredible!

I urge all visitors here to consider the importance of the FOIA and importance of fixing the loophole in the current statute. I urge you to contact by phone or email your elected state representatives urging them to

support the passage of HB-5576

during "Sunshine Week."

[Dr.Ken Sokolowski]

TESTIMONY BEFORE THE GAE 3/6/2006

Title: Public Comments by Kenneth E. Sokolowski of Wethersfield, CT
On: Monday, March 6, 2006
At: Government Administration and Elections Joint Committee (GAE), Connecticut General Assembly (CGA), The Capitol, Hartford, CT
Re: RHB-5576, [LCO No. 2089] AN ACT CONCERNING THE CONTENT OF MINUTES OF A MEETING UNDER THE FREEDOM OF INFORMATION ACT AND THE COPYING OF PUBLIC RECORDS; To establish a content requirement for the minutes of a meeting of a public agency and to enable individuals to utilize their own equipment to copy public records.

re: RHB-5576 Kenneth Edward Sokolowski,D.P.M., resident of the Town of Wethersfield.

Dear Friends, Neighbors and Concerned Citizens serving the People of CT and serving on this Joint Committee,

Good Morning/Afternoon, I speak in FAVOR of ALL of the current, proposed amendments to the CGS, concerning the Freedom of Information Act, as embodied in RHB-5576.

Citizens of our State of CT need your help. Members of Boards and Commissions in our Cities and Towns need your help today. Municipalities of the State of Connecitucut need your help by your favorable handling of RHB-5576.

In December, 2005 and January, 2006, a group of very concerned and involved citizens raised the question of whether or not it was prudent for the Town of Wethersfield to change the way which all of its boards and commissions were to interpret the Freedom of Information Act (FOIA).

For a while, our Town considered following a path of misadventure already taken by our Sister Town, Rocky Hill. The Town of Rocky Hill had, in 2005, decided to misinterpret the FOIA by calling the "motions and votes" of a meeting its "minutes". It then designated a self-defined, optional, frequently missing and inconsequential document (called "working notes") as an ersatz substitute for what most citizens consider "traditional" minutes. Their meetings are rarely if ever transcribed verbatim, just recorded in one electronic medium or another. The vast majority of citizens of Rocky Hill are held at a disadvantage; their freedom of information has been significantly curtailed.

Through our efforts, our Wethersfield Town Council reconsidered its initial position (to follow that same path). Instead, our Council thankfully realized that doing so was not in the best interest of the Public, the Town, and our elected and appointed leaders. The Council essentially voted down its own original proposal and, by doing so, preserved the traditional style, the content, and the historical value and significance of our meeting "minutes." The Council, by this action, agreed with our position that the spirit of the FOIA should be observed as well as the letter of that law.

We realized that other Towns and Cities, might, as a perceived expediency, be misled down the same path of misadventure taken by our neighbors and almost taken by the Town of Wethersfield. We realized that only an amendment to the current FOI Act would help to return our neighboring Town to an adherence to the spirit of the FOIA by adding the appropriate "letters" to that law.

We were encouraged by conversations with some State Senators and Representatives to seek legislative redress to this unfortunate oversight - the omission of a clear and directive definition of the word "minutes". The bill before you, RHB-5576, is a giant stride in the right direction.

Without the passage of the 5576, the public will not be well served. Without the passage of 5576, 169 municipalities - and the attorneys who serve them - will be left to interpret the FOIA and apply their own, local versions - for better or for worse as far as the public's right to know is concerned. Without the passage of 5576, essential elements of what most would call our "traditional" minutes - in both style and healthy content - would be lost.

Without the passage of 5576, essential elements of local, municipal legal and community history would be lost. A failure to pass 5576 would be a handicap to our current and future leaders who would not be able to reference salient portions of the discussions which preceded the final votes on motions.

We the People have a solumn obligation to stay informed. Healthy details in our "minutes" is absolutely vital to stay informed.

Please - let no one misconstrue the bare-boned "motions and Votes" with hearty "minutes" that are unique and covered with the flesh of historical details.

We urge you to look favorably on these proposed amendments to the FOIA embodied in RHB-5576. We encourage you to work toward its eventual passage by the CT General Assembly. The People of Connecticut - now and in the future - shall thank you - if you do.

[Dr.Ken Sokolowski]

http://www.wethersfieldpost.com; www.rockyhillpost.com
Wethersfield Post and Rocky Hill Post
Bill Would Set New Guidelines For Minutes

G. C. Gould, Staff Writer
03/09/2006
Wethersfield, CT --

Rocky Hill's meeting minutes may not be up to snuff if a bill introduced recently in the state assembly gets passed.

The state assembly's committee on Government Administration and Elections (GAE) held a public hearing Monday on a bill which would set further requirements for the presentation of board and committee minutes, including a summary of each speaker's comments at the meetings.

Many of Rocky Hill's committees, such as the Silas Deane Revitalization Committee and the Finance Committee, do not presently publish information online about speakers' comments. The Town Council does publish "working notes," which include information about speakers' comments, seven to eight weeks after its meeting.

Several officials and citizens at the hearing said minutes are important to residents and officials because they foster an open and transparent government and because they provide a history of government activity. In her testimony before the GAE committee, Rocky Hill Councilor and former Mayor Barbara Surwilo stated, "We have a need to strengthen the definition of the minutes of a meeting."

Wethersfield resident Dr. Ken Sokolowski said he hoped to see Rocky Hill join in the spirit of the Freedom of Information Act, which sets requirements on the public's access to government information.

The bill requires a 48 hour time limit for postings of the votes of each member of a public agency and a seven-day limit for posting the summary of speakers' comments.

Others who testified before the GAE committee spoke of the benefits of preserving legislative intent.

"This serves to provide a history of logic and understanding for future generations to help clarify the ultimate intent of a decision made on a public policy matter," said Susan Kniep in her written testimony. Kniep was mayor of East Hartford from 1989 to 1993 and is currently the president of the Federation of Connecticut Taxpayer Organizations, Inc.

Andy Sauer, the executive director of Common Cause in Connecticut, testified that "there are citizens who do not have the time to attend every municipal meeting but would still like to receive as much information about the meeting as possible, including who spoke and what was said." Sauer added, "although some municipalities as a matter of practice record the comments made at town meetings, the state should create some standards of disclosure for comments made at public meetings and hearings so that they may be included as part of the public record."

Rocky Hill resident Scott Coleman came up with the idea for the bill. He believes minutes are important for reasons such as historical preservation and transparency in government. One additional point he made during his testimony was that the production of minutes "allows greater scrutiny in order to help expose possible ethics violations."

In addition, Coleman spoke about the benefit that fuller minutes provides the speaker. "It can be assured that their comments will be heard," he said.

Rocky Hill Town Manager Barbara Gilbert does not look favorably on the bill, however. "If it is adopted, it is an unfunded mandate. We may have to hire additional part-time people to work within the guidelines."

The present form of the bill also has a section that includes limitations on how much municipalities can charge for reproducing public records. "The public is being ripped off in the name of freedom of information," said Coleman.

According to Rocky Hill Town Clerk Ron McNamara, copies of items that are on the bulletin board are .50 cents per page, while copies of land records and mortgages are $1.00 per page. "That's pretty standard throughout the state," said McNamara.

Gilbert said the time spent on research and making copies makes the prices justifiable.

"Copies are not something we use to make money on, it just covers our time," she said.

Coleman said he hopes the new legislation will reduce the price of copies to reflect the market rate or the cost to the public agency, whichever is less.

In addition, the bill allows for the use of any equipment provided by a member of the public to make reproductions of documents as well as requiring the availability of an electric outlet for that purpose.

-###-

[Dr.Ken Sokolowski]

Letter to the Editors of the
Wethersfield Post and Rocky Hill Post

regarding article:
Bill Would Set New Guidelines For Minutes
G. C. Gould, Staff Writer
03/09/2006

To say that minutes of Rocky Hill's meetings "may not be up to snuff" is a significant understatement.

"Bill Would Set New Guidelines For Minutes" - published in both the Wethersfield Post and Rocky Hill Post, 3/10/2006 - however, does inform the public about a gaping hole in the Freedom of Information Act (FOIA).

The current text of the FOIA, due to legislative oversight, does not define the word "minutes."

Through this loophole the Town of Rocky Hill has started down a path of misinterpretation to the harm of the public and our rights to public information. This loophole allowed Rock Hill to ignore the spirit of the FOIA. Whether or not it even follows the letter of the FOIA is debatable.

The Town of Wethersfield, in December, 2005 and January, 2006, was tempted to follow the same misbegotten path. Fortunately, the Wethersfield Council came to its senses and voted down its original proposal.

A group of concerned citizens, spurred on by Scott Coleman, are now working to close that loophole, with the assistance of legislative leaders from both Towns. The proposed bill would help define the purpose and content of the word "minutes" in the statute - to the benefit of the electorate - the foundation of our republic.

Rocky Hill Town Manager Barbara Gilbert's reported allegation that such a needed correction to the law amounts to an "unfounded manadate" is a canard. She and her staff are paid salaries to perform the work required of them by Federal, State and Local laws - including the FOIA. Since most laws at all levels could be considered underfunded requirements, her whining is self-serving.

The Connecticut FOIA has been on the books for more than thirty years. Rocky Hill has been required to comply for all this time. Some have wondered: has Rocky Hill been complying all this time?

Gilbert, et al., has misapplied the word "minutes" in Rocky Hill so that committee motions and votes have supplanted the traditional, detail-rich "minutes." The bastard "working notes" addenda are even inconsistently offered (as a ersatz minutes). "Working notes" are not a feature of the FOI statutes.

The working notes and the Rocky Hill interpretation of the FOIA "minutes" are just a political expediency. The public is not well served by this, nor will we if this slight of hand is allowed to spread.

Even the Wethersfield Councilors admitted our traditional, healthy minutes - not threadbare 'motions and votes' lacking legislative discourse, intent and historical perspective - are valuable to them in their roll as leaders. The value to future elected officials is even greater!

Though I may have been a thorn under the saddle of the Wethersfield Town Council during its deliberations a couple months ago, I consider their decision to observe the spirit of the FOIA reassuring and appropriately patriotic.

Hopefully, the Government Administration and Elections committee (GAE) and then the Connecticut General Assembly (CGA) will fix the "letter" of the Freedom of Information Act so that all our Towns may serve the members of the Public the way they should be - without smoke and mirrors, political expediencies, and homegrown p.o.p.p.y.c.o.c.k.

Kenneth E. Sokolowski
Wethersfield, CT