The town in December settled an FOIA complaint regarding public access to Planning & Zoning meetings filed by resident and Newtown Conservation Coalition founder Dave Ackert.

Ackert says he filed the complaint after two meetings in April 2025 where the meeting room overflowed and residents ended up waiting out in the hallway. At the second of those meetings, Ackert found himself among those outside looking in, and spoke with an older couple who left early, without being able to participate, because there was nowhere to sit.

“They asked me if there was anything we could do,” said Ackert.

Ackert filed the complaint, seeking both internet access to watch and call in to meetings, as is possible at Board of Selectmen, Legislative Council, and Board of Education meetings, as well as public access to online files. Ackert contends records are available online to commission members but not the public.

Ackert said he emailed former First Selectman Jeff Capeci over the two issues a number of times seeking settlement, and then began emailing new First Selectman Bruce Walczak at the start of his term in December. Ackert shared those emails with The Newtown Bee.

Ackert offered to drop the complaint if the town would just make it possible to call in and participate in P&Z meetings the same way it is possible in other meetings.

“In short, if you could commit to giving the public the opportunity to participate in P&Z meetings, remotely, within 90 days, as we have been able to do for BOS and LC meetings for a few months now (and were also able to do during the pandemic), I will settle the attached FOIA complaint, rather than requiring the town to appear in front of the FOI Commission in Hartford on December 16,” stated Ackert in an email. “What do you think? I’m handing you a slam dunk, no brainer opportunity to get off on the right foot here. Are you game?”

Walczak agreed, saying he couldn’t guarantee completion in 90 days but promised updates every 30 days.

“We have made some enhancements as additional actions, a back up space will automatically be reserved in case a large crowd attends, room count has also been updated. My effort will be directed to online remote access within 90 days,” stated Walczak in a return email. “Hope this addresses the immediate issue, the FOI meeting.”

Ackert also sought clarification from Russell Blair, the director of education and communication at the Connecticut Freedom of Information Commission, asking if the documents and files could be required to be made public as part of the settlement. Blair noted that the settlement only pertained to meeting access, and recommended making sure that was resolved before bringing up the issue of online files again.

However, recently Ackert has said he feels like he’s seen little progress concerning meeting access by the town, and that Walczak “seems to be conflating extra meeting space with having online access.”

Ackert clarified he was seeking a way to call into meetings from off site, and that overflow meeting space where residents could attend and still listen to the meeting was a separate issue.

“This should be as easy as flipping a switch,” Ackert said. “There is no need for a Capital Improvement Plan item.”

Ackert said he was going to continue to wait and see what the town does, before making a decision on whether to refile his complaint.

Walczak, however, in an interview said there were concerns with providing easy call in access. He said that because commissioners can’t receive information on an application outside of a public hearing, there are legal concerns that Walczak is hoping to address in any resolution to the issue.

“That is what we are struggling with, how to meet the legal requirements,” said Walczak. “We want to make sure that everything is on the up and up and all legal.”

Walczak said he has had a number of staff meetings concerning Ackert’s issues of concern. He has looked into a separate room for meeting overflow that would allow those in overflow to participate, he has looked at better sound in the Council Chambers, and he has spoken with Land Use Director Rob Sibley about increasing public access to documents.

“I feel all those things are on schedule,” said Walczak. “We looking to address low hanging fruit in the short term.”

In the future, Walczak said he hopes to form an ad hoc committee that will look at longer term solutions, like upgrading the town’s computer and recording equipment to be able to handle fully remote meetings.

Editor Jim Taylor can be reached at jim@thebee.com.