Welcome to Public Service

Guide for Members of Town Boards and Commissions

A Short Guide to Public Service as a Town of West Hartford Appointed Official

Welcome

As West Hartford Town Clerk and on behalf of the Town Clerk’s Office, I would like to express my sincere gratitude to you for your commitment to serving as a volunteer board or commission member.

Your willingness to give of your time, to share your experience, expertise and knowledge will prove to be quite beneficial to the board or commission to which you have been appointed. Your input to the concerns and matters affecting our town as well as your volunteer service will enhance the quality of life for all members of our community. West Hartford remains a great place to live, work and to raise a family because residents such as yourself have undertaken the civic responsibility of being engaged in our town.

This guide is designed to answer some of the questions that we have been asked over the years. While there are common procedures, protocols and policies that are common to the various boards and commissions, we encourage you to familiarize yourself with this guide’s overall content.

To be considered a member in “good standing”, it is anticipated that you will be an “active” participant who regularly attends the meetings of the board or commission to which you have been appointed. Please reach out to the Chairperson if you will be unable to attend a meeting. Should circumstances arise that prevent you from attending multiple consecutive meetings, please contact the Chairperson of your respective board or commission as well as myself to discuss your situation and possible next steps.

If at anytime you have a question or need guidance, please reach out to me. I am always willing to assist.

Wishing you all the best in your service to the Town of West Hartford! Warm regards,

Leon S. Davidoff
West Hartford Town Clerk
Contact information: Tel: 860.561.7447
leon.davidoff@westhartfordct.gov

I. Introduction

The Town of West Hartford elects its Town Council, Board of Education, Town Clerk and Registrar of Voters. Each of these elected officials has broad duties and powers that the West Hartford Charter, Code of the Town of West Hartford, and state law identify.

How To Get Started. To better understand your role and responsibilities, we strongly urge you to review the provisions of the Town Charter and Code of Ordinances applicable to your board or commission, direct links to the applicable law are provided on Appendix A.

II. The Freedom of Information Act

The Freedom of Information Act (“FOIA”) is a state law that requires the government to be transparent and disclose its activities to the public. One purpose of the law is to build public trust in local government. As a member of an official board or commission in West Hartford, you are part of a "Public Agency" and therefore your activities are governed by FOIA.

FOIA has two main components:

1. Meetings of public agencies must be open to the public (Public Meetings requirement), and
2. Records of the public agency must be accessible to the public (Public Records requirement).

The Freedom of Information Commission oversees compliance.

FOIA sets procedural rules for scheduling, managing, and recording meetings to ensure the public can access details about meeting times, locations, and discussions.

A. Public Meetings

1. What is a Public Meeting?

Quorum. Any gathering of your agency to conduct business is considered a "Meeting" under the Freedom of Information Act (FOIA) and is subject to its requirements. However, there are nuances to consider.

Meetings require a quorum, typically a majority of the agency's appointed members, including those whose terms have expired but whose successors have not yet been appointed. For example, if an agency is designated to have seven members but only five have been appointed, a quorum is three. If a sixth member’s term has expired, under the Town's Code, they continue to serve until a successor is appointed. Consequently, they are counted toward the quorum. If a quorum is absent, no formal action can be taken, and the presiding officer must declare the meeting adjourned for lack of quorum.

Exceptions to the Quorum Requirement. To conduct official business, an agency typically needs a quorum of its members. Gatherings with fewer than a quorum are usually not considered "meetings." However, there are circumstances, when less than a quorum of the members may constitute a public meeting.

One example is when an agency delegates its authority to a single member (or a subcommittee) to take action on a specific topic. Thus, for example, if a five-member board votes to authorize its Chair to listen to a presentation and make a decision, the meetings at which the Chair listens to the presentation and makes the decision are “meetings” of the agency.

Another example is a "serial meeting," where members discuss agency business individually—via in-person conversations, phone calls, or emails—gradually reaching a consensus decision made by the entire membership without the members ever gathering physically in one place. This activity can violate FOIA requirements by blurring the line between public meetings and records. To avoid this, limit email exchanges to logistical matters, such as scheduling a meeting or requests for agenda items, and refrain from discussing substantive items until the official meeting takes place.

2. Before the Meeting

Regular and Special Meetings. Boards and commissions may have two types of meetings; “Regular” meetings, which are scheduled as part of an annual calendar of meetings; and “Special” meetings, which are called by the Chair or Staff Liaison that were not included in the annual calendar of meetings. Boards and commissions that meet regularly must adopt an annual meeting schedule. After adopting a schedule for regular meetings, the schedule must be provided to the Town Clerk, and the first regular meeting may not be held for at least thirty (30) days thereafter. Consequently, we recommend adopting a schedule for the coming calendar year in November so that your January meeting will not violate the 30-day requirement. 

For the most part, regular and special meetings are indistinguishable. The legal distinction between regular and special meetings relates to the importance of the meeting agenda ¹.  (¹ See Notice of Meetings Chart in Appendix E).

The Agenda. Before any meeting, an agenda must be prepared and posted on the Town Clerk’s bulletin board/website at least 24 hours in advance, excluding weekends and holidays. For example, a meeting at 8:00 AM on Monday must be posted by 8:00 AM on the preceding Friday. This applies to both regular and special meetings. Any action taken at an improperly noticed meeting is considered invalid. While the law requires only 24 hours' notice, the Town Clerk’s office requests agendas be submitted at least 3 business days before the meeting for timely posting.

The key difference between regular and special meetings lies in the agenda. At a regular meeting, a public agency may consider a matter which is not listed on the agenda, provided that it votes to do so by a 2/3 majority vote. Procedurally, a member moves to take up a matter not on the agenda, stating what the matter is. The body then votes on the motion before discussing the substance of the matter at all. If the motion passes by a 2/3 majority of those present, the agency can then proceed to discuss the substance of the issue. At a special meeting, however, no matters may be taken up by the agency except those listed on the agenda ². ( ² Two sample agendas, one for in person meetings and one for remote meetings, are appended to this guide. See Appendices B and C).

3. The Meeting Itself

At the heart of the FOIA is a simple principle: The meetings of public agencies are presumed to be open to the public. Open to the public means that any member of the public must be able to watch a meeting, which can be done by attending the meeting in-person, watching it on a local government access TV station, or watching it on a live stream on https://whci.online/. 

Since the public must be able to watch a meeting, there are a few simple rules to keep in mind. First, if the meeting location changes after the agenda has been posted, a notice on the door of the scheduled location must direct the public to the new location.

Second, if a meeting is cancelled, the Chairperson must notify the Town Clerk immediately. The Town Clerk will post the cancellation notice on the Town’s website and, if necessary, post a sign on the door of the meeting location. Please note that meetings cannot be postponed or rescheduled and may only be cancelled. Any new meeting will require prior notice to the Town Clerk, as well as the posting of a new agenda.

4. After the Meeting

Following the meeting, the Secretary is responsible for preparing and submitting written minutes to the Town Clerk. According to the FOIA, a summary of all votes, including individual member votes, must be provided to the Town Clerk within 48 hours. Complete minutes, including the voting details, must be submitted within seven days. It is typically more efficient to prepare the minutes within 48 hours.

Minutes do not need to be verbatim but should include a general discussion summary for each agenda item. The Secretary should record the times the meeting is called to order and adjourned, the names of members present, the maker and seconder of each motion (including procedural motions), and the vote on each motion. This ensures clarity regarding the final actions taken. Beyond these basic requirements, the level of detail is at the discretion of the person recording the minutes. While more detail can be helpful, it should be balanced with the time and resources available for transcription.

B. Public Records

Disclosure of Public Records

Documents provided to your agency, including correspondence with staff or other agency members, are typically considered public records and must be open to inspection or copying under the FOIA. Initial responses to any request for documents under the FOIA must be provided within four business days. This should give you ample time to consult with the Office of Corporation Counsel about your obligations under the FOIA.

Some documents, however, are exempt from disclosure under the FOIA. The specific exemptions are codified in Connecticut General Statutes § 1-210(b)(3). You should contact the Office of Corporation Counsel for assistance regarding any applicable exemption or exclusion.

To avoid potential issues, you may wish to create a separate e-mail address for Town-related correspondence using one of the free e-mail services to avoid having to scour through your saved messages in the unlikely event of a request to inspect those e-mail messages.

III. Robert's Rules of Order and Other Procedural Rules

The Chair, or Vice-Chair in their absence, typically presides over agency meetings. It is recommended that a Vice-Chair and Secretary be elected. The Vice-Chair ensures continuity when the Chair is unavailable, while the Secretary is responsible for taking and submitting meeting minutes to the Town Clerk. Having a designated Secretary fosters consistency and ensures the proper handling of minutes.

Agencies are recommended to use Robert’s Rules of Order, a widely recognized set of parliamentary procedures. The Chair should become familiar with these rules and any specific rules adopted by the agency. Members are also encouraged to familiarize themselves with them. Resources, including tutorials and texts, are available online, and the Town Clerk's Office and the Office of Corporation Counsel maintain copies.

Additionally, many boards and commissions adopt procedural bylaws to guide their operations, covering meeting scheduling, agenda setting, and who can call meetings. It is essential to review these rules if your agency has them and consider adopting them if they do not exist.

If you adopt rules, however, the Office of Corporation Counsel must review them in advance to ensure they do not accidentally violate any applicable provision of law.

IV. The code of ethics

West Hartford is committed to being a well-run, professionally managed municipality, guided by a strong culture of ethics. West Hartford has adopted a Code of Ethics, outlined in Chapter 16 of the West Hartford Code of Ordinances. While the provisions of the Code may be familiar, some aspects require further consideration. For clarity, a summary of the key points is provided, and individuals are encouraged to reach out for guidance on specific questions. 

Please note that, in accordance with the Town's Code, the definition of a "public official" includes any members of the Town's boards and commissions. As such, the Town's Code of Ethics is applicable to you in your capacity as a member of a board or commission.

Standard of service: All public officials are expected to honor West Hartford’s objectives and work cooperatively with other public officers unless prevented by law or confidentiality.

Use of public property: No public official shall ask for, or permit themselves or others to use Town-owned or -leased vehicles, equipment, materials or property for personal convenience or profit, unless those services are available to the public at large or are available pursuant to established Town policies.

Special consideration prohibited: No public official shall grant any special consideration, treatment, or advantage to anyone that is not available to every other citizen.

Conflicts of interest: Public officials must avoid any business, financial, or personal interest that conflicts with their official duties.

Financial interest restricted: No public official shall be financially interested, directly or indirectly, in any contract with, sales to, purchases from or compensable services made with or rendered to the Town, except as a minority stockholder or a director in a corporation.

Confidential information: Except when required by law, no public official may disclose any confidential information concerning the property, government business, or affairs of the Town, or use such information to advance their private financial interests or the interests of anyone else.

Acceptance of gifts, gratuities, and favors restricted: No public official shall accept or solicit any gift, regardless of its form or value, from any person interested in doing business with the Town. Please note that there is no de minimis exception in the Town’s rule.

Appearance on behalf of private interests: No public official may appear on behalf of private interests before any Town agency.

Disclosure of interests required: Public officials must disclose any private financial interest in actions taken by Town agencies, particularly when participating in discussions or providing official opinions. Every Zoning Board of Appeals member and member of the Town Plan and Zoning Commission shall file a disclosure of interest form with the Town Clerk.

Political activities by Town personnel: No paid public official appointed by the Town Manager or the Board of Education shall use the prestige of their position on behalf of any political party. No public official, paid or otherwise, shall promise an appointment to any paid position under the Town Manager or the Board of Education as a reward for any political activity.

If you have any questions or inquiries regarding the Code of Ethics and its applicability to your agency, please contact the Office of Corporation Counsel.

V. Legal Questions

A. The Attorney-Client Privilege

Connecticut General Statutes §52-146r extends attorney-client privilege to confidential communications between government attorneys and public officials. "Confidential communications" include all oral and written exchanges related to legal advice sought by a public agency or its officials, and any records created by the attorney in providing such advice.

Once again, however, we are obliged to point out an important limitation here. The Office of Corporation Counsel is counsel to the Town of West Hartford. The Office of Corporation Counsel represents you in your capacities as Town officials. It does not represent you in your personal capacities. If you wish to consult with them about whether you have a conflict of interest under the Town’s Code of Ethics or ask whether your agency may properly hold an executive session to discuss a specific topic, that communication is privileged. Personal communications, such as opinions unrelated to official duties, are not privileged.

Additionally, if one member of an agency seeks legal advice integral to an agency decision, the Office of Corporation Counsel may share the answer with the entire agency to ensure consistency. In rare cases where an official's legal interests conflict with those of the Town, the office's primary obligation is to protect the Town’s interests.

B. Liability Issues: What if I Get Sued? 

Several Town boards and commissions make decisions that can be appealed to court, such as zoning and property tax appeals. While these appeals are routine and can be unsettling, they pose no personal liability for you or your agency. If you are the Chair of such a body, you may occasionally be served with a lawsuit, though this is rare, as there are typically more efficient alternatives. However, beyond routine appeals, it is unlikely that your role will result in personal lawsuits.

In the rare event you are named in a lawsuit related to your official duties, Connecticut law requires the Town to defend you. The Town's self-insurance program covers your lawful acts, and the Office of Corporation Counsel (or a hired attorney) will represent you in such cases. Generally, the Town will cover any settlements or judgments. The exception arises if a lawsuit results from a “malicious, wanton, or willful act” on your part, in which case the Town may not cover the costs, and you may be required to reimburse the Town for defense expenses.

VI. Conclusion

Thank you for taking the time to review this guide. As you embark on your role in the Town of West Hartford, remember that these rules are designed to support your efforts in serving the community effectively and ethically. Should you need further assistance navigating through any of these processes or procedures, please do not hesitate to contact the Office of Corporation Counsel.

Welcome to the Town of West Hartford’s service and Good Luck!

Appendices