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Charter Revision Commission weighs independent counsel, FOIA constraints and consultant use; budget memo to be revised

December 03, 2025 | New Canaan, Fairfield, Connecticut


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Charter Revision Commission weighs independent counsel, FOIA constraints and consultant use; budget memo to be revised
At its Dec. 2 special meeting the New Canaan Charter Revision Commission debated legal representation, public‑records obligations and the potential role of an independent charter consultant as it organized interviews and prepared a budget for its work.

Former commission chair Dave Hunt recommended the commission consider independent legal counsel where the town attorney could have a perceived conflict, saying an outside attorney had been necessary in the prior charter cycle to defend the commission in a FOIA matter. "You have an instant conflict when you do anything that runs... against the people that hire or fire those people," Hunt said, arguing the commission should plan how to secure outside counsel when needed.

Town attorney Nick Lamonte advised the commission that records and emails related to commission duties are public records and cautioned that small working groups carrying out assigned tasks can create meetings that require public notice. "Any emails that you receive from anyone related to your duty here has become public record," his prepared advice said; he warned that confidentiality exceptions are narrow and that the commission must be careful about off‑record interviews and unnoted working groups.

Commissioners discussed practical options: conducting interviews publicly as special meetings, allowing anonymous email submissions (which the attorney said become public records), and routing confidential input through counsel where appropriate. The commission agreed to publicly post interviews as special meetings and to form study teams to distribute work but sought guidance on protecting candid input without violating FOIA.

Budget questions followed. Christina Ross presented a proposed budget intended to cover the commission’s needs and contingencies; commissioners cited an approved town retainer for the town attorney (reported in the meeting as $30,000 approved by the Board of Selectmen) and discussed a not‑included estimate of roughly $50,000 for Nov.–July operations (not including consultants). The commission discussed adding a consultant line (members suggested up to $10,000) and including contingency funds; legal fees already have a line (identified in the discussion as $20,000) and the commission asked staff to revise the memo to show possible consultant and insurance (directors/officers or E&O) options.

Procedurally, the commission approved minutes from Nov. 18 and the posted meeting schedule by unanimous voice votes during the special meeting, and it adjourned after instructing staff to update the budget memo and return to the board in two weeks for formal action.

The commission did not select independent counsel at this meeting; members asked staff to return with vendor options and budget revisions and requested clarification from the town about insurance coverage for commission members should litigation arise.

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Scribe from Workplace AI
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