Now, Region One Report received this email on Friday night from an attorney who watched the Region One Special Board Meeting on YouTube. I will not identify the attorney, as we did not receive permission to mention their name, or their firms name. Now, I am not a lawyer, so I present their concerns from the email directly to our readers.
Following is the body of the email:
1. The MOTION to render Assistant Superintendent Diane Goncalves an agreement, retirement package or whatever it is called MUST BE MADE IN OPEN SESSION.
2. The motion CAN NOT say…”the Region One Board of Education approves the contract “discussed in executive session this day regarding Diane Goncalves”……
3. The motion MUST be legally binding, stating the offer in full amount. THE MOTION MUST SHOW THIS or the motion is therefore invalid. Were the minutes to be presented in legal court, it must be proven that the six members of the Region One Board approved the full amount and other conditions. THE MOTION CANNOT MERELY STATE THAT THE BOARD APPROVES OF ‘WHAT WAS DISCUSSED IN EXECUTIVE SESSION”.
(This is why there is a legal delineation between “executive” session and “open session”). If the motion…made in public session does not state specifically and directly what was agreed upon then the motion is invalid.
Someone should place a call to Tom Hennick at the State FOIA. I believe he will affirm this interpretation.because a motion made in “public session” must state specifics noting legally that the Board understood and agreed to the listed points of the agreement. A motion cannot go to court stating that a Board approved “what was discussed in executive session”. None of the public, citizens, taxpayers were priviledged to executive session. This agreement cannot be forced on taxpayers if the “motion approved” does not state all the specifics to said taxpayers, and public. Once again, if said motion did not state the legal specifics of the agreement, the motion is invalid. Signatures or no signatures. And, one other point, no person representing EITHER side of said agreement can be the minute taker. The person taking the minutes and signs off on them must be an impartial, If the Superintendent took the minutes of this meeting, the minutes become invalid because she is not a impartial member of the group.
After reading this, if anyone want to contact FOI in Connecticut to inquire or ask if these are legal points the contact info is below.