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Fire Commission Pledges To Talk In the Open
by Melissa Bailey | Aug 8, 2007 9:08 am
(7) Comments | Commenting has been closed | E-mail the Author
Posted to: Legal Writes
Admitting it inappropriately closed its doors at a recent public meeting, New Haven’s Board of Fire Commissioners has made a pledge not to do public business in private anymore.
The pledge came three months after the Independent filed a complaint with the Freedom of Information Commission (FOIC). The Independent argued that the Board violated freedom of information laws when it discussed public matters — the contentious entry-level fire recruitment process — behind closed doors at its monthly meeting on May 1.
Instead of fighting the matter at a hearing, commission Chairman William Celentano (pictured below) issued a letter to the Independent and the FOIC admitting to the misstep.
“As indicated in your complaint, the board closed to the public a portion of its May 1, 2007 meeting in order to convene in executive session to discuss litigation pending against the New Haven Department of Fire Services,” reads Celentano’s letter, dated July 31.
“While the board was still in executive session the topic segued into personnel matters involving the recent recruitment of entry level firefighters.
“The Board acknowledges that discussion of recruitment and hiring of entry level firefighters is not an appropriate use of executive session under Connecticut Freedom of Information Law. We have reviewed proper use of executive session with counsel to help us guard against this oversight in the future.”
Reached Thursday, Commissioner Boise Kimber (pictured at the top of this story) declined to comment on his thoughts on the FOIA complaint. “The letter is what it is,” said Kimber. “The board needs to speak with a unified voice. Let the chairman speak for the board.”
Reached by phone, Celentano said he’d do his best not to bar public business from the public eye again: “We’re gonna try,” he said. “You can never be sure of anything in this life, but we’re going to be wary of it going forward.”
Fire Union President Patrick Egan, who was also booted out of the room during the May 1 executive session meeting, vowed to issue a FOIA complaint if any future missteps ocurred: “I’m generous enough to recognize that they could make the mistake once, and with that, that’s where my generosity ends.”
Post a Comment
Comments
posted by: king james v on August 8, 2007 9:26am
is that american idol’s Randy Jackson?
Boise Kimber has as much right to be on the fire commissioner’s board as i do judging american idol. we all know everything the rev. does is for himself - the self ordained “al sharpton of new haven”.
and mr. celentano’s inability to guarentee his not breaking the law is outrageous.
it’s a small miracle there aren’t several neighborhoods in flames at any given time - thankfully the firefighters themselves can do THIER jobs correctly. props to them.
posted by: Gary Doyens on August 8, 2007 9:40am
The Board of Fire Commissioners throws the public out—the Finance Committee gags them. A majority of the NH BOA doesn’t listen to them. It’s a habit.
posted by: Cap Coleman on August 8, 2007 11:36am
The Independent did a public service by taking the time and expending the effort to file a FOIA complaint to challenge the city’s illegal secret meeting. As I understand FOIA, even a behind-doors secret meeting is subject to record-keeping and minutes of what was said. Has the Independent sought those records? If not it should so those interested as well as the press can see what exactly transpired illegally. The city should also compensate the Independent for its time and trouble in correcting this violation of state laws.
posted by: NewHavenNow on August 8, 2007 11:47am
I remember sometime ago a great piece in the Advocate, “Rev. Boise Kimber, the Mayor’s Favorite Felon.” I think Paul Bass wrote it.
Things need to be cleaned up, and it has to start from the bottom up. Too many people are enmeshed in the cogs of the DeStefano Machine. Board of Ed APPOINTED by the Mayor, city employees dominating democratic ward committees, Kimber and Champagne doing the bidding of the Machine and asking for political favors, all reflect a stank that needs to be shaken off and out of our city government.
Gary, organize a citizens and put candidates up for office and appointments. Infilitrate these wards with citizens who are not beholden to the Destefano Machine. It will take some work, and some time, but your perspective is important, and I believe there are others who feel the same.
posted by: nhrr on August 8, 2007 4:44pm
Thanks to the Independent for showing some journalistic fortitude. As one commentator said during the governor’s race…DeStefano is highly mortgaged to special interest groups. The NHI seems to be the only publication willing to dig into this story. Keep digging…you’ll find lots more.
Its time to start draining the DeStefano cesspool.
posted by: truepurplect on August 8, 2007 5:13pm
Maybe they went behind closed doors because the sound of all the emergency vehicles’ sirens BLARING outside was not conducive to their meeting environment - just a simple example of Hanlon’s razor.
I suppose after the apparently really hard test has been implemented long enough, we will get some people who may question the current siren logic. Of all the cities I have lived in or visited, I have never seen - I mean HEARD - anything like this place. I don’t plan on leaving any time soon, so could someone please turn it down?
Oh, and as long as I see that Egan can forgive them at least once for closing the doors, I think I can too (and I think the new test was a great idea).
posted by: here on August 11, 2007 12:17pm
To Cap Colman—
The Independent is eligible for fines if the FOI commssion orders them. I don’t know if they ordered them in this case, but I know thye commissionn has been very reluctant in the past to do so. The commission hasn’t seemed to realize yet how many public bodies (I don’t know if that includes this one—the fire commission - it sounds like it was an honest mistake) are totally taking advantage of the fact that they face no monetary fines. It is not good. Even when the violation is an unintended one by volunteer commissioners, some fine should be granted to the complaining body - like the Independent—because of the trouble they have to go to. There is this intense sympathy for violators, even while ruling against them, when they are government of any kind. It isn’t really fair.
Secondly, the FOI commission also has been extremely weak on forcing the records of an illegal meeting to be disclosed. Instead they hope their ruling corrects future behavior. This also is something I think the FOI commission needs to correct. I believe savvy public agencies routinely abuse the rules knowing that even if ruled against, the record of an illegal meeting will remain sealed.
It is considered shocking in Connecticut to force the material into the open, but there is precedent in other states. I know of a meeting in New Hampshire where the material discussed in closed session would have qualified for confidentiality, but the group did not close the meeting properly. The court ruled not only that the meeting was closed improperly, but the confidential info had to be turned over. Imagine that in Connecticut. Real consequences.
A real deterrent, real teeth. Connecticut, which seems to insist on leniency in just about all things governent, doesn’t have the courage to do this.
One example of category of public agency that constantly and knowingly violates FOI in Connecticut is police agencies. They routinely force people to complain to FOIC to get info they already know is public.
They waste tax payers money doing it and are almost never fined. It is a routine for them. They know that not everyone will take a complaint to FOIC. It’s a disgrace, but welcome to Connecticut - the land of steady bad habits.
