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TOWN OF GRISWOLD  and BOROUGH OF JEWETT CITY

CONNECTICUT - 06351

 

EXECUTIVE SESSION (6)

“Executive sessions” means a meeting of a public agency at which the public is excluded for one or more of the following purposes:

    (A)  Discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussion be held at an open meeting;

    (B)  Strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof, because of the member’s conduct as a member of such agency, is a party until such litigation or claim has been finally adjudicated or otherwise settled;

    (C)  matters concerning security strategy or the deployment of security personnel, or devices affecting public security;

    (D)  discussion of the selection of a site or the lease, sale or purchase of real estate by the state or a political subdivision of the state when publicity regarding such site, lease, sale, purchase or construction would adversely impact the price of such site, lease, sale, purchase or construction until such time as all of the property has been acquired or all proceedings or transactions concerning same have been terminated or abandoned; and

    (E)  discussion of any matter which would result in the disclosure of public records or the information contained therein described in subsection (b) of section 1-210.

 

§ 56-6. RECUSAL

 

    Any official, council or board member should withdraw themselves from any involvement from any matter described in the Code of Ethics as a conflict of interest.  Such withdrawal includes, but is not limited to, discussions, either formal or informal, on the matter; as well as appearances at meetings, or portions of meetings, concerning the matter; and voting on the matter (except in a public referendum).  In the event of a conflict of interest, the official, council or board member will excuse himself or herself from the meeting room after stating on the record the reason for the recusal and shall remain outside the room until the discussion and/or vote in on the matter discussed is completed (except when voting in a public referendum on the matter).

(Above Section 56-6 Recusal to be added to Chapter 56 Meetings)

ALTERNATE BOARD MEMBERS WHO ARE NOT NEEDED TO SERVE

MAY NOT PARTICIPATE IN DELIBERATIONS IN A MANNER THAT PROFOUNDLY AFFECTS VOTE

 

LAW  OF THE  LAND

 

    There is little case law on the use of alternate members of planning and zoning boards, but a recent Connecticut trial court opinion sheds some interesting light on the topic. The Court held that where alternate members of the zoning board sit through a public hearing but are not needed to serve as a member of the board, they should not participate in deliberations, but where this occurs, their participation may not profoundly impact the votes of the legally seated board members.   Following the denial of a variance application by the zoning board, the plain­ tiff raised objections including the fact that an alternate member of the board, whose service as a board member was not needed, attended the hearing and participated in the board's deliberations, violated the state statute that dis­ cusses membership on the board and the role of alternates. In agreeing with the Plaintiff, the trial court examined Conn. Gen. Stat. 8-5, which, they said, allows for the seating of alternate board members only when a regular board member is absent. Noting that a prior reported decision held that an alternate board member could not participate in the deliberations when service as an alternate was not needed, this Court observed that the earlier opinion never reached the question as to whether an alternate member may sit through a public hearing, instead it concluded that once the board is ready to deliberate, the alternate member(s) must be excused. The Connecticut courts have analogized the use of alternate board members as alternate members of juries, who also may not participate in deliberations unless they have been seated. How­ ever, Connecticut case law also requires an inquiry, where an unseated alter­nate did participate in the deliberations, whether that alternate's views had a profound effect on those deliberations. In this case, although the alternate member participated in the deliberations, the Court concluded that overall, her comments "do not appear to echo a sentiment that was inconsistent with the sentiments raised by other board members."  Therefore, the Court said that the alternate 's participation did not have a "profound" effect upon the voting members, and that therefore the decision was made by the five voting board members , exclusive of her.

 

    Komondy v Zoning Board of Appeals of the Town of Chester, 48 Conn. L. Rptr . No. 11, 389 (11/30/3009).