Intrepid finance board accused of impropriety for meeting during storm

NORTH CANAAN — Add Board of Finance members to those who don’t let rain, snow, sleet or the dark of night keep them from their appointed business. Their regular meeting scheduled for the evening of Jan. 12 went off as planned, despite 2 feet of fresh snow on the ground.

Their intrepid behavior was cause for another look at procedures for conducting meetings. Both the finance board and Planning and Zoning Commission have been accused recently of Freedom of Information Act violations. Both matters involved improper executive sessions.

On Jan. 12, Town Hall offices were closed as a nor’easter raged. The assumption was made by those not in the board’s communication loop that the finance meeting was automatically canceled. CATV videographer Bob Gray, who planned to tape the meeting, suggested it was a violation of the Freedom of Information Act.

That afternoon, when the storm had passed, the town crew cleared the parking lot and steps into Town Hall, in anticipation of the meeting the finance board was anxious to hold. The priority agenda item was a review of the auditor’s report, which the board was to recommend for approval at the annual town meeting on  Jan. 18.

There had been issues with the auditor’s report. As well, a move to using technology to bump up the quality of the Town Report for the 2010 fiscal year, which includes the audit results, delayed the annual town meeting. That meeting was supposed to be held before the end of 2010.

First Selectman Douglas Humes said his decision to close Town Hall does not extend to what boards and commissions do.

“It’s their decision if they hold a meeting or not,� he said. “They were anticipating that the storm would be over and the roads would be clear by then.�

Humes contacted local radio stations about town offices being closed, and said that he would have done the same for a canceled finance meeting. A notice of cancelation would also have been posted on the Town Hall door.

At the FOI Commission in Hartford,  Public Education Officer Tom Hennick said basically the same thing: closing of town offices does not apply to meetings to be held there, even when weather or other conditions might well prevent members of the public from attending.

“And oddly enough, there is nothing in the law that tells you how to cancel a meeting,� Hennick added.

Humes said he is expecting a letter from Town Attorney Judith Dixon directing town boards and commissions to take care in how they conduct meetings. Following Robert’s Rules of Order is recommended and FOI laws always apply. Humes intends to distribute guidelines, and said that if issues persist, the town may take advantage of workshops offered by the FOI Commission.