In response to their request for guidance in addressing issues related to the Connecticut Freedom of Information (FOI) Act, an FOI representative met with Board of Ethics members on Wednesday to explain the provisions of that law as they apply to public agencies.

Thomas Hennick, state FOI public education officer, met with Board of Ethics members during a special meeting on June 1. Ethics panel members attending the session were Chairman Jacqueline Villa, Thomas Fuchs, Parker Reardon and Laurie Kilchevsky. Listening to the session via a telephone link was member Kristen Provost Switzer.

Following discussion at their May 18 session, ethics panel members decided to have Mr Hennick meet with them for a presentation on the state's FOI law, and also to answer questions concerning how the FOI law pertains to the group, especially concerning a request for documents which it had received.

The Board of Ethics has eight members, including six regular members and two alternates. The appointed board is charged with the administration of the town's Code of Ethics. It receives and investigates complaints of violations of the Code of Ethics.

In discussing FOI issues with panel members Mr Hennick spoke in general terms, saying that he would avoid specifically commenting on any pending complaints against the panel.

The intent of the FOI law is the open and transparent functioning of government, he said. The FOI law concerns public access to public agency meetings and public access to public records.

Mr Hennick said that if Board of Ethics members have questions about FOI matters, they should contact him for advice. He acknowledged that the provisions of the FOI law can be "really confusing."

In the case of ethics complaints filed with the Board of Ethics, the FOI law does not apply until the board determines there is "probable cause" in the matter, Mr Hennick said. Generally, probable cause amounts to reasonable grounds to believe that a violation has occurred.

Mr Hennick said the bulk of the Board of Ethics' review of an ethics complaint should occur in public session, but added that the FOI law provides for closed sessions, known as executive sessions, during which complaints may be discussed among board members, but not acted upon. Board actions must occur in public votes, he said.

Also, Mr Hennick advised the board, "Don't have any conversations via texting or e-mail that you should be having here at the [meeting] table." Also, members should not "meet" to conduct board business other than the board's public meetings, he said.

"Think in terms of doing your work in public," he said.

Ms Villa explained that the board conducts confidential investigations into ethics complaints in order to protect the name of the person who is the subject of that complaint in the event that the complaint is unwarranted.

Mr Hennick provided Board of Ethics members with compact printed summaries of the FOI law and also with data on the scheduling of public meetings for their reference.