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Board Of Fire Commissioners Agrees To Settle FOI Complaint

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In response to a state Freedom of Information (FOI) complaint filed by a local man against the Board of Fire Commissioners (BFC), the board has agreed to a mediated settlement of the complaint through its members' planned participation in an educational session on the FOI law.

In a March 29 statement, BFC Chairman Rob Manna said, "The Board of Fire Commissioners [will participate] in Freedom of Information training to correct the incorrect posting of executive sessions on meeting agendas." The educational session to be conducted by a state Freedom of Information Commission (FOIC) mediator will occur in Newtown soon.

BFC members discussed the topic at a March 27 meeting. According to that meeting's minutes, BFC members and the panel's meeting clerk would attend the FOI educational session.

A mediated settlement would result in the cancellation of a scheduled April 11 FOI public hearing on the complaint at the FOI offices in Hartford.

The FOI law covers public access to public agency meetings and public agency records.

In his December 27 complaint to the FOI, resident Bruce Walczak, wrote, in part, that based on his reading of BFC meeting minutes for its November 28 and December 19 meetings, the BFC had violated provisions of the FOI law.

Mr Walczak wrote that although the BFC conducted an executive session on November 28, its meeting minutes for that meeting do not mention three FOI requirements - a reason for an executive session, a motion to enter executive session, and a vote to enter executive session.

Regarding the December 19 BFC session, Mr Walczak states that based on his reading of meeting minutes, the BFC listed "Executive Session-Personnel" as an agenda item. He adds, however, that no pertinent motion was noted and no vote was recorded. He states he does not know if the "personnel" issue involved an "employee," and whether that employee was notified of the BFC meeting and the employee's options in terms of executive session participation.

In his complaint, Mr Walczak asks that the BFC be required to attend a FOI training session and that suitable minutes be created for the November 28 and December 19 BFC sessions.

Contacted on March 29, Mr Walczak said that BFC members apparently did not know the requirements of the FOI law in conducting their meetings.

"The guys did not understand the FOI rules," he said. Mr Walczak said he filed the complaint as a private citizen, not as a member of any organization.

The BFC has seven members. Five members represent the town's five volunteer fire companies and are selected by the five fire companies. Those five members elect two civilian members to the board. The BFC oversees the purchase and maintenance of all town-owned apparatus and major pieces of equipment, among various other duties.

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