CTCDD: CTCDD Meeting 6-14-11

CTCDD Meeting 6-14-11

 

Connecticut Council on Developmental Disabilities

 


460 Capitol Avenue, Hartford, CT  06106 (860) 418-6157

 

CT Council on Developmental Disabilities

Minutes

June 14, 2011

 

 

The 169th meeting of the CT Council on Developmental Disabilities was held on Tuesday,                  

June 14, 2011, from 9:30 a.m. to 4:00 p.m. at the Institute of Technology and Business

Development/Central Connecticut State University, New Britain.

 

 

Present:  Stephen Belske; Darlene Borre; Gabriele Freyre-Calish; Kathryn duPree; Michelle

Johnson; Mark Keenan; David King; Maryann Lombardi, Jennifer Lortie; Sabra Mayo; Peter

Morrissette; Dwayne Paul; Sarah Rafala; Frank Reed Vice Chair; Monica Smyth; Guy         

Sullivan; Anita Tremarche Chair; and Patricia Tyler.

 

Excused:  Joyce Baker; Larry Carlson; John Curtain; Fred Frank; and Haley Kelley.

 

Absent: Zuleika Martinez; and Perri Murdica

 

Meeting Assistant:  Lorraine DeFreitas

 

Guests:  Tom Hennick, CT Freedom of Information Act, Three Personal Assistants; and Trevor

(Sabra’s friend.)

 

Staff:  Mary-Ann Langton, Disability Policy Specialist

 

Ms. Tremarche began the meeting at 9:42 a.m. after a quorum was established.

 

Ms. Tremarche asked for a motion to change the order to the agenda so that the Council will

move now immediately and first into Item 3 under Transition Committee and move the budget

update and old business and other committee reports to after the Council votes for Executive

Director. 

 

Mr. Knight made the motion for the change of order. Ms. Tyler seconded.  The        

motion passed.   

 

Ms. Tremarche stated the Council was going to move right into Transition Committee and     

that Members should have gotten the email with the backgrounds on the three candidates. 

Several Members indicated they did not recall getting the email.

 

Ms. Tremarche stated that Ms. Mayo will record the vote for Executive Director.  The Chair

outlined rules for the election of Executive Director.

 

Ms. Tyler made the motion that the Council vote accordingly.  Ms. Mayo seconded.    

There was no discussion. Ms. Tremarche declared that her motion regarding the      

voting process for a new Executive Director passed.

 

Mr. Paul requested and Ms. Tremarche required that when casting a “no” vote against

motions, a member identify by name for recording purposes. 

 

 

 

Guest Speaker

 

Ms. Tremarche then introduced Mr. Tom Hennick from the CT Freedom of Information Act

Commission.

Mr. Hennick thanked the Council for inviting him.  He explained how the FOI is designed to

make sure the people have access to their government.  Democracy works best when the

people who you serve, know what’s going on.  He noted that the Council is considered a      

public agency, falls within FOI requirements and that those statutes must be followed with

care and integrity by the Council. The following points were made:

 

1.       Agenda’s must be made public at least twenty-four hours in advance of meeting.

 

2.      All subcommittees of the Council must comply fully with all requirements of regular

meetings for the Council including posting of agendas and minutes.

 

3.      Record of the meeting’s votes must be posted publicly within twenty-four hours.

 

4.      Regular and special meetings are open to the public and anyone can record or

videotape with no permission required. The agency can set rules for taping but cannot

prohibit recording.  The law is very clear.

 

5.      Public has no right under FOI to speak at an agency meeting.

 

6.      Minutes must be made available to the public for meetings.  Failure of a public agency

to comply with all meeting requirements could cause a meeting to be called null and

void.  Such failures have created major problems for communities in the past.

 

7.      No votes may be taken in executive session.  Executive session is only permitted for five

basic reasons. Personnel matter: Pending claims litigation or law suit; Security       

matter; Sale of lease of property; Content of document that it believes is exempt from

public disclosure.

 

8.      Properly formed executive level search committees are considered a non-meeting and

need not comply with FOI requirements.  Such committees are strictly limited to that   

one purpose and must be carefully established.

 

Mr. Hennick then answered questions from Members:

Mr. Reed then asked if a member or the public wished to tape or video a meeting despite

objections by persons with a disability, was that allowed. Mr. Hennick indicated that it was  

under FOI.  Mr. Reed indicated that he had been unaware of that statute.

 

Mr. Sullivan asked about the unique and special exemption under FOI from notice, agendas   

and minutes and the formation of a “personnel search committee” or “executive search

committee”.  It was noted by Mr. Hennick that if a public agency were to improperly form      

such a committee then the FOI Commission could, in a hearing on the matter, declare the

decisions and work of tan Executive Search Committee null and void.  Several communities in

Connecticut had run into this issue and had been in hearings for years regarding the matter      

of properly forming an executive search committee exempt from the FOIA. 

 

Mr. Knight asked for clarification that if a meeting is being taped there was no requirement to

notify the participants in the meetings.  Mr. Hennick indicated that there was no need for

notification under FOI.  Members were reminded that they are taped walking into the CCCU

campus and while in the elevator.

 

Mr. Sullivan asked if a member were to ask questions regarding the formation of committees

and procedures related to FOI, would that be considered fallacious and libelous by the FOI

Commission.  Mr. Hennick said no.

 

 

Ms. Tyler then asked about how members understand the difference between Executive

session and Executive Search Committee. Mr. Hennick explained the difference, went

though the steps to form each and cited the Ct FOI statute sections and instructed members

that these rules were important to preserve the spirit and intent of the FOIA.

 

Mr. Hennick advised members to read the booklets for that information an ended his

presentation by distributing the booklets published by the Ct FOI Commissions.  Additional

copies were requested for distribution to members who did not attend the 169th meeting.

 

Executive Session

 

Ms. Tremarche called the Council into Executive Session  The public and staff from the

Council were asked to leave.  Mr. Tremarche decided personal assistants could remain.

 

Ms. Tremarche then asked that the Executive Search Committee form itself.  Ms.

Lortie moved that the Council form itself into and Executive Search Committee.  Ms. Smyth seconded. Mr. Sullivan abstained.  The motion passed by majority.

 

Mr. Paul asked why the motion to form an Executive Search Committee was necessary.  Ms.

Tremarche explained to the Council that she and Vice-Chair Frank Reed were in contact with

DDS HR and DAS to understand the Executive Director process, believing the Transition

Committee was an Executive Search Committee and subsequently found that they were not

correct in this assumption.  In order to rectify that, a meeting was held with the Governor’s

office including Ms. Natalie Wagner and Mr. Alvin Wilson.  Ms. Tremarche stated she and Mr.

Reed spoke with the Governor’s office about how the Council could fix the error of not having

properly formed an executive search committee so that the Council could vote for a new

Executive Director in compliance with the FOI regulations.  The Governor’s office

recommendation was that the Council form an executive search committee at today’s

meeting. 

 

Ms. Tremarche ended the Executive Session and resumed the Council Meeting and called the

vote for executive director.

 

1.      Those in favor of Ms. Amy Barzach:

 

Bill, Peter, Michelle, Steven, David, Jennifer and Frank.  Ms. May re-confirmed the

names of those voting.

 

2.      Those in favor of Ms. Molly Cole:

Sabra, Sarah, Maryann, Gabriela, Pat, Dwayne, Monica, Kathryn, Mark, Darlene and

Guy.  Ms. Mayo confirmed that the count was 11 members.  Ms. Mayo re-confirmed

the names of those voting.

 

3.      A vote was called for the third candidate.  No one voted for the third candidate.

 

Mr. Reed moved to announce Ms. Cole as the new Executive Director for the CT Council on Developmental Disabilities.  Ms. DuPree Seconded. The motion passed. 

 

 

Budget

 

Ms. Langton said that the budget was sent by Email to Council Members.  She reminded

members that councils have not been notified of their budget allotments for 2011.  It is too

early to predict the 2012 budget.

 

Old Business

 

Committee Reports

 

Advocacy, Public Information & Education

 

Mr. Paul had no report to present.

 

Legislation, Policy & Planning Committee

 

Mr. Knight reported on the 2011 Legislative Session. He noted that HB 918 regarding

Physically Helplessness died in the House.  A Committee Meeting will be held soon.  Mr. Knight

also related that the last LPP meeting was cancelled, unable to reach a quorum.

 

Membership and Support Committee

 

The meeting was cancelled due to not having a quorum.  There will be an upcoming meeting

To review present and future membership of the Council.  Plans will be made to recruit new

members.

 

Proposal Review Committee

 

In response to a question from Ms. Tremarche regarding the large volume of material to be

covered by the PRC after 9 hours of meetings to review the grant proposals, Mr. Sullivan

offered to go through all the Proposal Review Committee recommendations in detail or in

brief, according to the wishes of the Council.  Ms. Tremarche stated the Council should work

instead on the State Plan.  Given the decision of the Chair, Mr. Sullivan referred members to

the website where the recommendations from the Proposal Review Committee were posted.

 

5 Year State Plan

 

There was a discussion of how to begin work on the 5 year State Plan given the late hour of

The day and Members asked if there was now a sufficient amount of time remaining. The

Chair indicated there would probably not be enough time left.

 

Mr. Sullivan inquired why, given the lack of time today on June 14th, 2011, had the May 10thm

2011 Retreat been cancelled.  Ms. Tremarche stated she did not know shy, how or when the meeting was canceled.  Ms. Tremarche then stated then Ed Preneta canceled the meeting

After surveying members about a quorum. A Member pointed out that canceling a meetings is

The chair’s responsibility. The Vice-chair, Mrs. Reed, disavowed knowledge of why or who canceled the meeting.

 

Mr. Sullivan moved that the results of the quorum survey referenced by Ms.

Tremarche and all related documents be released so that the Council may review

The information related to the May 10th Retreat being cancelled. The Council orders

The Executive Director to release the results of a survey that was offered at some

Point to someone that led Mr. Preneta to unilaterally cancel the May 10th retreat.

All documents related to cancelling the May 10th Retreat are to be immediately

Released to the Council for review.  Ms Lombardi seconded.  There was no discussion.

 

Those in favor:

Sabra Mayo, Sarah Rafala, Maryann Lombardi, Gabriela Freyre-Calish, Pat Tyler,

Dwayne Paul, Peter Morrissette, Michelle Johnson, Mark Keenan, Kathryn DuPree, Darlene

Borre, Guy Sullivan, Bill Knight, and Frank Reed

Those against:

Steve Belske, David King, Monica Smyth

 

Abstain:

Jennifer Lortie

 

The motion passed by majority vote.

Mr. Reed excused himself from the meeting.

 

Ms. Smyth moved to have the Chair appoint a “State Plan Committee”.  The motion

by Ms. Smyth included a provision that the members of this new committee were to

be made up of representatives of the different constituencies of the Council.  There

was no second ad no discussion.

 

Ms. Tremarche took a vote on the motion.  Four members voted in favor.  12

members voted against the motion. The motion did not carry.

 

Further discussion commenced.  Mr. Sullivan expressed concern that the council was spending

more time talking about when to work on the state plan rather than working.

 

Mr. Sullivan moved that the Council immediately commence work on the State plan.

Ms. Tyler seconded.

 

11 Members voted in favor.  4 members voted against.  1 member abstained.  Ms.

Temarche indicated that 10 votes represented a majority therefore the motion

passes and the Council was to immediately move into the work of the 5-year State

Plan.

 

Ms. Tremarche asked the facilitator to take over the meeting.  The Council broke into small

groups to begin work on the State plan.  The facilitator asked if the original 5 Year Goals

were available from the last plan. Copies were not available.  Ms. Tremarche left the meeting

for a period of time.  The breakout groups then presented their findings to the reassembled

Council in its entirety.

 

Mr. David King expressed his thanks to the entire Council for allowing the members to break

into small groups to start work on the 5-year State plan.  Mr. King expressed concerns

regarding the pre-meeting preparation for doing the business of the Council, the number of

procedural issues and the speed at which meeting progressed at times.  His

recommendation was that the Council break into small groups more often so he and others

could more fully participate.  He concluded his comments by pointing out that the inclusion of

persons with disabilities always needs to start with the Council itself.  Ms. Johnson’s full

participation and important  contributions to the Education, small group, breakout session

were noted.

 

Ms. Tremarche asked Ms. Langton to request an extension for the State Plan from the

Administration of Developmental Disabilities.  Ms. Langton agreed to make the request.

Members agreed to meet within a few weeks to continue work on the State Plan.

 

Mr. Belske moved to adjourn the Meeting at 4 p.m.  Ms. Mayo seconded.  The motion

passed unanimously.

 

 

Minutes Approved

            9/13/2011



Content Last Modified on 9/15/2011 8:27:16 PM