LZA Meets, No Business Conducted

By Kendra Bobowick

Was it or was it not a legal meeting?

A notice and agenda for a Lake Zoar Authority meeting slated for Tuesday, June 2, was not filed 24 hours ahead of time with any of the town clerk’s offices in Monroe, Newtown, Oxford, and Southbury. The authority has appointed members representing each of those towns.

On the morning of June 2, however, a handwritten agenda was submitted by Chairman Robert Barnes along with an explanation of why that evening’s notice was delayed. The notice stated: “It has come to my attention that a proposed agenda for the June meeting was not sent in … I apologize for any inconvenience.”

The notice also cites “a clerical error” as the reason the notice was not submitted in time to conform with state Freedom of Information (FOI) guidelines.

A call Tuesday morning to the FOI commission determined that if Chairman Barnes conducted a regular meeting without it being properly noticed, and someone filed an FOI appeal because of it, the chairman might face possible sanctions and fines.

The Monday notice filed less than 24 hours ahead of the meeting by Mr Barnes with the Southbury town clerk noted a proposed agenda to include a call to order, chairman’s comments, and public comment. It was Mr Barnes’ opinion that he could hold the meeting, but not make motions or vote on any topic.

“It was just discussion,” which he suggested was permissible. “We checked” with the FOI office, he said, adding that he “covered [his] bases.”

Frustrated that he could not conduct business, he said, “Honestly [Tuesday] was a critical meeting. Things needed to get updated.”

The discussion that was held focused on several points of contention including whether or not the members should have been holding a meeting. Henry Stormer of Southbury contended: “This isn’t a legal meeting. I’ll file an FOI complaint.”

Authority member Bob Mouchantat said that conversations with the town clerk led him to believe, “We can proceed with discussion only.”

“You should never have held the meeting,” Mr Stormer insisted. “I am filing a complaint in the morning.”

“Fine, we’ll just adjourn,” Mr Barnes stated.

“It’s too late,” answered Mr Stormer, who promptly left the room. Mr Barnes soon confirmed with other authority members that June 11 at 7 pm at the Southbury Town Hall was a good date and time for them to meet.

Mr Barnes also asked Leaps of Faith members and volunteers who turned out, “How would you have felt if you showed up and there was no meeting? I only have to notify the authority.”

Paul Gallichotte of Southbury stated, “You should have canceled the meeting and filed the paperwork.”

In a call to the state FOI commission regarding the matter, representative Tom Hennick told The Bee that holding a regular meeting without the appropriate notice could jeopardize actions taken in the future, if those actions are rooted in discussions occurring at the meeting in question. He also confirmed that if a complaint was filed, a hearing finding against the authority could deliver sanctions and a possible fine.

Mr Hennick said it was ironic that he was scheduled to do an FOI presentation and workshop with Lake Zoar Authority members in the coming weeks.

On Thursday morning, after learning of Tuesday’s meeting, Mr Hennick said, “There is probably a technical violation, but [LZA] have taken steps to correct it.” He is meeting with LZA members on June 16. “They are eager to learn more about FOI so problems don’t plague them,” he said.