#Middlebury #EthicsCommission #Complaint #FOIA
By MARJORIE NEEDHAM
Middlebury Selectwoman Jennifer Mahr on February 24, 2025, filed a meetings complaint form with the Connecticut Freedom of Information Commission. In the complaint, she alleges three Freedom of Information Act (FOIA) violations occurred at the February 19 Ethics Commission meeting.
The first is that the agenda filed on February 14, 2025, lists “Personnel Matter” as the reason for the executive session listed on the agenda, and that is not specific enough according to FOIA guidelines. She noted it also caused her to have to contact Chairman Paul Bialobrzeski for clarification because she was expecting an ethics complaint filed against her to be on the agenda that night. It turned out “personnel matter” did not refer to that complaint.
The second stems from the meeting being a “special meeting.” During a regular meeting, agenda items can be added; during a special meeting, agenda items cannot be added. Mahr said the meeting minutes show that Bialobrzeski explained to members before going into executive session that he had picked up mail marked “confidential” earlier that day, and it would be opened in the executive session. Mahr noted this was “new business” since the “personnel matter” listed on the February 14 agenda could not have meant an envelope picked up February 19.
The third violation, Mahr alleges, is that the only items listed under “New Business” were hiring legal counsel and deciding whether meetings should be hybrid or in-person. A January 28, 2025, complaint against Mahr was not on the agenda, but Bialobrzeski discussed it anyway, saying the complaint had been received and Mahr had waived confidentiality.
Reached by telephone, Bialobrzeski said he knew a special meeting agenda could not be changed, so he put in the executive session and listed “Personnel matter” because it is an allowable reason for an executive session. “I put it in there in case we needed it, and we did need it,” he said.
He said although he had just received the envelope, he decided to discuss its contents that night because the commission doesn’t meet very often and all members but one were there.
As for discussing the new complaint against Mahr when it wasn’t listed, he said “new business” was listed on the agenda. He said the complaint, hiring legal counsel and hybrid or in-person meetings were all connected. He said he mentioned the complaint only in relation to procedure, and it came under new business.
He said although he and Mahr had discussed a date when both she and her attorney could be present, there was no plan to have a hearing on the complaint against her at the February 19 meeting. During that meeting, which we attended, Bialobrzeski mentioned the complaint against Mahr and said she had waived confidentiality. He said he had talked to her and discussion at the meeting would be limited to procedural issues.
On hiring legal counsel to represent the Commission, Bialobrzeski said it was suggested they use an attorney out of the area. “We don’t want any conflicts of interest on a conflict of interest case,” he said, adding that the attorney, Suzanne Sutton of Cohen and Wolf in Bridgeport, had no connection with Middlebury and no connection with anyone involved. A motion to request approval to hire her at the March 3 Board of Selectmen meeting was approved. After the meeting, Bialobrzeski said Sutton had been recommended by the town attorney.
They next discussed Mahr’s request that their meetings, which are held in the Town Hall Conference room, could be hybrid instead of in-person only. Vincent Graziano said, “We’re in Middlebury. It’s old school, you know. Show up … I think it would be too hard for Liana to keep minutes and set up a camera for Zoom and all that.”
Bialobrzeski said the FOI act doesn’t make hybrid meetings mandatory. He said, “Middlebury is a small town. You want to come here, you can be here.” He said the only board that has Zoom on a regular basis is the Board of Selectmen. None of the others do, so there’s no reason the Ethics Commission should.
Michael von Kannewurff noted a hybrid meeting would make it more convenient to meet and would have allowed John Holmes, absent that night due to illness, to attend the meeting.
Sharon Bosco mentioned members dialing in in the past. Recording clerk Liana St. Germain said they try to reserve that for emergency situations. The vote to have in-person meetings only was unanimous.
Setting a date for hearings was discussed, and members decided to postpone setting any dates until they could discuss it with counsel (if their request to hire counsel is approved).
Members then went into executive session to discuss the envelope’s contents. After that, they voted to adjourn the meeting. The next regular meeting will be Wednesday, April 9, at 6 p.m. in the Town Hall Conference Room.
