Why The Secrecy?

To the Editor:

A special meeting of the Newtown Board of Education was scheduled for the evening of Thursday, August 9. The posted agenda contained a single item: Discussion And Possible Action Regarding Superintendent’s Goals And Evaluation Process. Prior to the meeting I learned that the board chairman had intended to conduct the meeting in executive session despite what was on the posted agenda. I became concerned because the board has an obligation to conduct its business in public whenever possible, and it had always in my experience discussed this topic in open session. Further, I believed that it was a Freedom of Information Act (FOIA) requirement that executive sessions be noticed on the agenda, as has been the practice for this board, as well as the other boards in town.

The FOIA is a complex and evolving area of the law. As I have done many times in the past when having a question about the law, I contacted the Connecticut Freedom of Information Commission’s public education officer, Thomas Hennick. He informed me that I was wrong on one count: there is no mandatory requirement to notice an executive session in the agenda. However, doing so is clearly in the spirit of the law and in the interest of the public’s right to know.

On the other count, Mr Hennick did tell me that the discussion of the superintendent’s goals was definitely not an allowed topic for an executive session. In fact, this had been an issue for the Bridgeport Board of Education prior to their takeover by the state.

When the meeting on Thursday evening was called to order and the motion to move into executive session had been made, I raised an objection and informed the board of what I had learned. Despite the advice from the FOIC, four of the six members present voted to go into executive session, providing the required two-thirds majority. Having received authoritative advice that this would constitute an illegal meeting, I decided that I could not participate and left the room, accompanied by the one member of the public in attendance.

Clearly, I found this a disturbing situation, not one conducive to open government. It creates many questions that I, and I believe the public, would like answered: Why the rush to produce goals for the superintendent when goals haven’t been created for the district (which is the normal process)? Why the need for secrecy? Why was the plan to go into executive session not listed on the agenda as has been the custom? Why has a special attorney been hired to advise on the superintendent’s evaluation and goal setting process when the board has never needed to do this before? How much does he cost? Wouldn’t that money be better invested in educational programs?

William Hart

Member

Newtown Board of Education

24 Fawnwood Road, Sandy Hook                               August 10, 2012