MEMO

TO: All city boards and commissions, all recording secretaries

FROM: Corporation Counsel John P. Marini
Date: January 24, 2017
RE: Executive Session
______________________________________________________________________________
This memorandum is being sent as a reminder of the rules pertaining to
executive session under the Connecticut Freedom of Information Act.
Please read these rules and contact my office immediately with any
questions.
A. WHEN YOU ARE ALLOWED TO USE EXECUTIVE SESSION
A closed door executive session may only be entered into for one or more of
the following reasons:
1. Appointment, employment, performance, evaluation,
health or dismissal of a public officer or employee,
provided that such individual may require that discussion
be held at an open meeting;
2. Strategy and negotiations with respect to pending claims
or pending litigation to which the public agency or a
member thereof, because of the members conduct as a
member of such agency, is a party until such litigation or
claim has been finally adjudicated or otherwise settled;
3. Security issues;
4. Discussion of the selection of a site or the lease, sale or
purchase of real estate when public discussion would cause
a likelihood of an increased price; and
5. Discussion of any matter which would result in the
disclosure of certain other public records that are otherwise
exempt from disclosure under Section 1-210 (e.g., certain
police records).
If your topic does not fall into one of the categories above, your
board/commission must not discuss it in executive session.
B. NOTICE OF EXECUTIVE SESSION
The written agenda for your meeting must state the matter you will be
discussing in executive session, and specify which of above-mentioned
reasons apply. For example:
Executive Session
1. Ansonia v. Smith (pending litigation)
2. 3000 Main Street (Potential acquisition of property by city)
C. DISCUSSING EMPLOYEES OR PUBLIC OFFICERS IN EXECUTIVE
SESSION
If you plan to discuss the appointment, employment, performance,
evaluation, health or dismissal of an employee or public officer in executive
session, ensure that a letter is delivered to the employee/public officer at
least 24 hours before the meeting informing the employee/public officer
of the following:
1. the date and time of the meeting;
2. why they are to be discussed in executive session; and
3. that they have the option of holding the discussion in public
session.
D. EXECUTIVE SESSION AS NEEDED DONT DO IT!
Do NOT EVER include executive session as needed on your agendas. This
is not proper. If an item comes up last minute that requires a discussion in
executive session, please contact corporation counsel.
E. NO VOTING IN EXECUTIVE SESSION
No official action may be taken in executive session. All votes must be taken
on the record after your board/commission comes out of executive session
(even the vote to return to public session must be taken on the record).

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