In a recent letter to members of Newtown Conservation Coalition, Founder Dave Ackert stated he is going to accept an FOI complaint he filed against the first selectman and Economic Development Commission as settled.

“We’ve been going back and forth on these negotiations for weeks, while the town racks up its legal bills,” stated Ackert. “At this point, I think I’m going to step up and be the responsible adult in the room by settling this, even without a public apology, so as to save my fellow taxpayers from making the town attorney any richer, or paying any fines as a result of their irresponsible actions. Accepting a forced training session is an admission of wrongdoing in my eyes, and should prevent them from misbehaving in the future.”

Ackert offered NCC members an opportunity to write him if they disagreed with his decision.

According to Ackert, he filed a complaint in Hartford against First Selectman Jeff Capeci and EDC Chair Jeffrey Robinson “after the EDC Chair was directed to discuss the process to try to sell 6 Commerce Rd at the EDC’s March 19 meeting, without noticing the discussion on their meeting agenda, and after the Chair was heard on the meeting recording prefacing that discussion with ‘I want to make this update as quietly as possible.’ This after 80-plus of us attended the prior meeting when 6 Commerce Road did appear on their agenda.”

Ackert stated he offered to settle the complaint in exchange for an apology or acknowledgment and the first selectman’s and chairman’s required attendance at a FOIA training session, including a segment on Connecticut’s statutory meeting rules.

According to Ackert, the alternative is that “we go through with a scheduled hearing at the FOI Commission in Hartford in a couple of weeks. The likely outcome of a hearing is that the town is found to have behaved badly, with a chance that a fine is assessed. It’s unlikely that they will be forced to attend any training.”

In response, Capeci said that some FOI complaints concern Ackert’s request for: “Any/all payments made for legal services over the past 12 months related in any way to town-owned real property, the land use department, P&Z Commission, Economic Development Commission, Inland Wetlands Commission, Conservation Commission, and/all freedom of information requests or complaints, ordinances, the town charter, 6 Commerce Road, 20 and 60 Castle Hill Road, and Reservoir Road. Details should include but are not limited to attorney name(s), a break out of hours and rates for each engagement/project/town department/account, copies of invoices/bills, requisitioner name, approver name, dates (requisition, completion, payment, etc).”

“This was a tremendous request,” said Capeci, who said town employees spent hours pulling the data to be sent to the town attorney, who would redact any information deemed to be confidential before release. “It cost a lot of attorney fees to produce.”

Capeci said a delay in providing the appraisal was due to back and forth between his office and the appraiser. However, he said that the appraisal will be presented to the Board of Selectmen, and thus released to the public, at the next BOS meeting on August 19.

Capeci said the FOI training wiould also be at the EDC’s next meeting on August 20, and he would be in attendance. He said he has attended FOI training “at least a dozen times” since he voluntarily attends the training session that marks the beginning of each new term.

“I’m more than happy to take the class as a midterm refresher,” said Capeci. “It’s not new to me. I try to follow FOI, I think that I have, and if not, I did to the best of my efforts.”

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