Middletown Library 11/30/06 Meeting Challenged

Newport Daily News online 12/20/06

By Matt Sheley/Daily News staff

MIDDLETOWN - The state attorney general's office is launching an investigation into the Middletown Public Library's board of trustees handling of a recent meeting.

An open-meeting complaint stemming from the board's Nov. 30 session, where library director Robert L. Balliot resigned, has been filed, according to attorney general spokesman Michael Healey.

Healey said it seemed like there was merit to the complaint about how the executive session was called and that - along with other concerns - will be the subject of a review starting this week.

"Yes, we think it warrants a review, but we haven't opened an investigation yet," Healey said.

Board of trustees Chairman John W. Grisham said everything about the meeting was done correctly and well within state law.

"All steps that were taken at the Nov. 30 meeting were done under advice of counsel," Grisham said. "There were no issues with the open-meetings laws or anything else about that session."

During the last few months, the volunteer board has found itself under intense criticism for the handling of Balliot's departure.

Some have said the group forced the director out because of petty politics and his allegations that the board was trying to stifle free speech and mishandling library business. Trustees, who have said everything was handled properly and that Balliot had difficulty dealing with constructive criticism, have refuted those claims.

During the Nov. 30 session, a standing-room-only crowd turned out at the West Main Road facility to see how the situation would develop.

Almost immediately, trustees voted to go into executive session, citing litigation matters and saying their closed-door discussion would last half an hour. That move enraged many in attendance, who said the board was trying to dodge its critics and do its business outside the public eye.

More than two hours later, the board emerged, with Grisham explaining Balliot had resigned and the trustees had fences to mend with the community.

About a half-hour earlier, Balliot walked out of the library and drove away, explaining he had worked his last day there and couldn't say anything more. Balliot, his attorney, trustees and their attorney, Daniel K. Kinder, have declined comment on whether the departed library director signed a buyout offer.

A week later, the Town Council called for the board of trustees to resign.

At Monday's council meeting, a request from Councilman Edward J. Silveira Jr. to unseal the minutes of an Oct. 16 executive session was forwarded to Town Solicitor Francis S. Holbrook II. During that meeting, local leaders have said, Grisham and Kinder briefed the council about the situation at the library.

Healey said the name of the person who submitted the complaint to the attorney general would not be released because that individual has not received an acknowledgement letter that the matter will be reviewed. He did say, however, that the complainant is a Middletown resident.

In addition to charging that the executive session was done under the wrong exemption of open-meetings law, Healey said the complaint claims Balliot was not notified about the executive session, so any action by the trustees should be void. He said the complaint also claims that the board was communicating improperly via e-mail on matters other than to schedule meetings.

Grisham said the trustees continue to work to regain the confidence of the community.

Starting next month, he said the library board is expected to institute a comment period during its regular meetings to hear from the public - similar to the process in place at council meetings. He also said meeting minutes and agendas would be readily available.

"What I'd really like to say to the patrons and the community itself is that we're going to continue to maintain the high level of service at the library," Grisham said. "We've already apologized for the fences that have to be mended and we're looking to making the most of the opportunity."


	Middletown library session's legality challenged Newport Daily News online 12/20/06 By Matt Sheley/Daily News staff MIDDLETOWN - The state attorney general's office is launching an investigation into the Middletown Public Library's board of trustees handling of a recent meeting. An open-meeting complaint stemming from the board's Nov. 30 session, where library director Robert L. Balliot resigned, has been filed, according to attorney general spokesman Michael Healey. Healey said it seemed like there was merit to the complaint about how the executive session was called and that - along with other concerns - will be the subject of a review starting this week. "Yes, we think it warrants a review, but we haven't opened an investigation yet," Healey said. Board of trustees Chairman John W. Grisham said everything about the meeting was done correctly and well within state law. "All steps that were taken at the Nov. 30 meeting were done under advice of counsel," Grisham said. "There were no issues with the open-meetings laws or anything else about that session." During the last few months, the volunteer board has found itself under intense criticism for the handling of Balliot's departure. Some have said the group forced the director out because of petty politics and his allegations that the board was trying to stifle free speech and mishandling library business. Trustees, who have said everything was handled properly and that Balliot had difficulty dealing with constructive criticism, have refuted those claims. During the Nov. 30 session, a standing-room-only crowd turned out at the West Main Road facility to see how the situation would develop. Almost immediately, trustees voted to go into executive session, citing litigation matters and saying their closed-door discussion would last half an hour. That move enraged many in attendance, who said the board was trying to dodge its critics and do its business outside the public eye. More than two hours later, the board emerged, with Grisham explaining Balliot had resigned and the trustees had fences to mend with the community. About a half-hour earlier, Balliot walked out of the library and drove away, explaining he had worked his last day there and couldn't say anything more. Balliot, his attorney, trustees and their attorney, Daniel K. Kinder, have declined comment on whether the departed library director signed a buyout offer. A week later, the Town Council called for the board of trustees to resign. At Monday's council meeting, a request from Councilman Edward J. Silveira Jr. to unseal the minutes of an Oct. 16 executive session was forwarded to Town Solicitor Francis S. Holbrook II. During that meeting, local leaders have said, Grisham and Kinder briefed the council about the situation at the library. Healey said the name of the person who submitted the complaint to the attorney general would not be released because that individual has not received an acknowledgement letter that the matter will be reviewed. He did say, however, that the complainant is a Middletown resident. In addition to charging that the executive session was done under the wrong exemption of open-meetings law, Healey said the complaint claims Balliot was not notified about the executive session, so any action by the trustees should be void. He said the complaint also claims that the board was communicating improperly via e-mail on matters other than to schedule meetings. Grisham said the trustees continue to work to regain the confidence of the community. Starting next month, he said the library board is expected to institute a comment period during its regular meetings to hear from the public - similar to the process in place at council meetings. He also said meeting minutes and agendas would be readily available. "What I'd really like to say to the patrons and the community itself is that we're going to continue to maintain the high level of service at the library," Grisham said. "We've already apologized for the fences that have to be mended and we're looking to making the most of the opportunity."