A Report of the Freedom of Information Commission has concluded that the Hampton Elementary School Board of Education violated the Freedom of Information Act after evidence and testimony was presented at a Hearing on January 3, 2024.
The Hearing was conducted in response to a complaint filed on July 10, 2023 by board members Juan Arriola, Diane Gagnon and John Russell, who alleged that the board invited Superintendent Samantha Sarli into an Executive Session at a June 28, 2023 meeting without soliciting the testimony or opinion necessary to permit inclusion of anyone other than a school board member. Connecticut General Statute 1-231 states that: “At an executive session of a public agency, attendance shall be limited to members of said body and persons invited by said body to present testimony or opinion pertinent to matters before said body provided that such persons’ attendance shall be limited to the period for which their presence is necessary to present such testimony or opinion”.
Arriola, Gagnon and Russell alleged that the Superintendent attended the entire executive session without providing any testimony or opinion, which was confirmed at the Hearing by Board of Education Chairman Rose Bisson, member Maryellen Donnelly, and Sarli herself. The Report concluded that “the respondents violated the provisions of CGS1-231(a) when they permitted the superintendent to remain in attendance at the executive session for the entire duration of such executive session, without providing any testimony or opinion during such executive session.” The report recommends that “Henceforth, the respondents shall strictly comply with the executive session provisions of CGS1-231(a).”
At the June 28 meeting, Arriola objected to the superintendent’s inclusion in the executive session, which he has questioned many times, though the Minutes fail to mention this or any other of his objections.
This is the second complaint this year against the Board of Education alleging violations regarding executive sessions. An earlier complaint alleged that the Board of Education failed to post with sufficient specificity an executive session on the Agenda of a June 21, 2023 Special Meeting. The matter was resolved with an October 5, 2023 correspondence to the complainant from Chairman Bisson who acknowledged that the Agenda item of the June 21 executive session “did not meet the requirements of Freedom of Information,” adding that Agenda items “will be more descriptive to allow the public to know why the Board is entering executive session” in the future.
While Arriola represented the three complainants at the January 4 Hearing, the Board of Education was represented by their attorney. An FOI request for the legal expenses incurred has been sent to school officials.