Democracy Board Admits Closed-Door Violation

Volunteers who run the city’s clean elections program admitted they violated Freedom of Information laws when they kicked out the public to discuss public affairs.

Members of the city’s Democracy Fund board made the admission in a letter to the Independent. The letter came in response to a state Freedom of Information (FOI) Commission complaint filed after what one observer called an ​“unbelievable” closed-door session on Nov. 24.

The board is made up of volunteers who are appointed by Mayor John DeStefano. The closed-door session came as the board considered whether to penalize the mayor for using a ​“loophole” to move cash into a political action committee to support aldermanic candidates. Before making that decision, the board took a surprise move to go into executive session, where the board meets behind closed doors and the public is booted out of the room. Four of the six board members were present that day.

The session, which took place over the objections of press and a campaign attorney, lasted less than 10 minutes. No vote was taken during that time.

When confronted about the illegality of the closed-door session that night, board member and Yale Law School professor Dennis Curtis (at left in photo above) dismissed the issue.

“So, we did a terrible thing,” he said.

He joined colleagues in signing a letter written Feb. 26 to the Independent.

“We now understand that the Democracy Fund’s use of executive session on November 24, 2009, was inappropriate,” the letter reads.

“We have reviewed the state Freedom of Information Act and understand that we can use executive session” only for certain specified uses, such as discussing pending litigation or a pending claim, the letter continues.

“As members of the Democracy Fund, we will make sure that we comply with the Freedom of Information Act in any future use of executive session,” the letter concludes. It is signed by: Chair Caleb Kleppner, Denny Curtis, Greg Davis, Maria Lamberto and Steve Kovel.