This past Tuesday, December 12, First Selectman Jeff Capeci and members of the Legislative Council welcomed Tom Hennick, public education officer at the state Freedom of Information (FOI) Commission to Newtown Municipal Center’s Council Chambers.

Hennick, himself a public servant in his own town of Durham, still works part-time after having retired from the state commission. Continuing his career of service even after retirement, he travels from town to town, holding “informational sessions” dedicated to educating municipal officials and members of the public about the inner workings of the complex 1975 Freedom of Information Act and the state commission which enforces it.

His audience was both diverse and notable, marked by the presence of dozens of members of Newtown’s boards and commissions, who came out in force to deepen their collective understanding of their rights and obligations under the FOI Act.

Hennick explained that while the provisions of the FOI Act itself can seem complex or vague, it is imperative for public servants to understand the correct FOI protocols around agendas, meetings, and public records.

“My goal is to give you the tools to make the decision,” he clarified, “so that you’re making the correct decision, not only to follow the law, but also to prevent being in the bull’s-eye of someone filing a complaint.”

Failure to observe these guidelines could result in serious actions being taken against a local board or commission on behalf of one such complaint by the state FOI Commission.

“If people believe that they have been denied the rights guaranteed to them by this law,” warned Hennick, “they can file a complaint against your public agency with the FOI Commission. So my goal would be to have you avoid having to truck up 84 through Waterbury and have to go to Hartford for hearings.”

He went on to outline the various enforcement powers at the disposal of the FOI Commission, which include measures as drastic as the total nullification of the meeting in question.

“The Freedom of Information Commission has a couple of powers,” he explained. “It can declare null and void what happened at an improper meeting. That’s probably its strongest power. It doesn’t do that a lot, but it has that power. It can also issue civil penalties anywhere up to $5,000.”

Having issued this warning related to the potentially serious consequences that could result from non-compliance with the FOI Act’s guidelines, Hennick went on to illustrate what the act requires of public servants during their committee meetings.

According to him, a meeting can be defined as any hearing or proceeding that contains a quorum of the members of a public agency, whether online or in person, during which official business is discussed or attended to. Within the FOI Act, any meeting that fits this definition falls under very strict guidelines of openness and transparency.

Hennick explained that due notice must be given for each meeting, whether regular or special, with agendas to be posted within 24 hours of the event. Further, any meeting not in executive session has to be open to the public, with adequate accommodations for all those who wish to observe. Finally, minutes must be produced for a public meeting, and they must be readily accessible either electronically or via the original physical copy for any member of the public who requests to view them. For virtual meetings, the entire proceeding must be recorded.

In this way, Hennick emphasized the fact that access to public processes and public records lies at the heart of the FOI Act. As he made clear, the law is “really about freedom of access, access to two basic things: access to public meetings and access to public records.”

In other words, “freedom of information” does not imply a citizen’s right to disrupt, impede, or prevent a public meeting with whose content they disagree. It also does not imply that the members of a board or commission have the obligation to respond to every individual query from the public.

“We’re all public servants, right,” said officer Hennick. “We’re going to answer questions when we can, but understand that that’s not something that’s required by this law. This law requires access to your meetings and access to your records, but we’re not the ‘answer man.’”

Thus, while the FOI Act does guarantee a fundamental level of transparency in the processes of municipal government, it still reserves board members the rights to enforce an orderly and productive meeting.

During a public meeting, Hennick explained, “Anybody can attend. Anybody can audio or videotape.” But this does not guarantee these observers the right to public speech or to make their case verbally before the board or commission.

“Public speaking is entirely in the hands of the board,” he concluded. “So who speaks, when they speak, and if they speak at all is entirely at the discretion of the board.”

Next, Hennick went on to explain how the FOI Act applies to public records. According to the act itself, the definition of a public record is incredibly expansive, including any typed, written, or recorded document that was ever kept on file by a public agency.

“Every record that you have that’s related to Newtown business,” he urged his audience, “think of it as a public record. Think of it as a record that somebody could ask to see or make a request for a copy.”

In other words, essentially any record related to town business must be accessible promptly upon request. Individuals seeking access to public records can make a request to the relevant agency. Under the law, that agency is required to respond within four business days with an acknowledgement and a time line for when the records will be available if immediate access is not possible.

Hennick concluded by stressing the importance of understanding and correctly implementing the FOI Act’s provisions and reminding the public servants in his audience to maintain the delicate balance between efficient governance and transparency.

For further assistance or inquiries regarding the FOI Act, individuals can visit the commission’s website at portal.ct.gov/FOI or contact Tom Hennick’s office at 860-566-5682. To lodge or evaluate a specific FOI complaint, readers should contact the commission directly at 860-566-5682.

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Reporter Owen Tanzer can be reached at owen@thebee.com.