October 16, 2013

Concerns About Leaks Lead to Council’s Vote Against a Closed Session

A closed session that could have taken place at the end of Monday night’s Princeton Council meeting was voted down by the governing body after concerns by some members over information being leaked to the press. In a tie that was broken by a vote from Mayor Liz Lempert, the Council opted to hold off on the closed session until an attorney is brought in to clarify questions about confidentiality.

Mayor Lempert said she has asked attorney Bill Kearns, who served the town during the transition to consolidation last year, to come back for a training session “so that we’re all on the same page.”

Councilman Patrick Simon made a motion to hold a closed session to discuss such matters as recent litigation involving AvalonBay, the developer of the former hospital site, and negotiations with Princeton University. But Ms. Lempert said she had been approached by some Council members who felt uncomfortable about things that are supposed to kept confidential leaking to the press.

Council President Bernie Miller said that while he sympathized with Mr. Simon about the need to have a closed session, he agreed with Ms. Lempert about holding off on the meeting. “I’m reluctant to participate further in closed sessions until we all share the same understanding,” he said. “We operate like the board of directors of a corporation. There is a code you follow. Part of that code is that when you discuss things in closed session, it remains privileged for those who participate. Until we get to the point where we share that common understanding, I have great difficulty going ahead with further closed sessions.”

Councilwoman Heather Howard said she supported Ms. Lempert’s view because the Council has a fiduciary responsibility to Princeton taxpayers. Should information get out about how the town is negotiating with Princeton University, she said, or if a personnel issue becomes public, it could cost taxpayers money because of a possible lawsuit.

Councilwoman Jo Butler said she understood, but that there was pressing business to attend to. “I don’t see how not going into closed session is going to help,” she said. “It feels like a move toward less transparency in our government, not more.” Councilwoman Jenny Crumiller said she also would like to have gone into closed session. “I don’t know what more we can do … take a blood oath?,” she said.

Ms. Howard, Mr. Miller, and Lance Liverman voted against meeting in closed session, while Ms. Butler, Ms. Crumiller, and Mr. Simon voted for it. Ms. Lempert’s negative vote broke the tie. After the vote, Ms. Butler suggested that someone who can speak about confidentiality with e-mail and other electronic communications be included in the training session, and her colleagues agreed.

The training session, tentatively set for the October 22 meeting, will be held in public. The closed session could then take place at the following meeting on October 28.

In other business, Council approved unanimously a new contract for municipal administrator Bob Bruschi, including a raise that moves his salary from $170,000 to $180,000, which he will earn until the end of 2014, retroactive to September 1. Mr. Bruschi is planning to retire by the end of next year. Kathy Monzo, the town’s finance director, has been mentioned as his successor, but that has not been confirmed and the municipality could go outside to fill the job.

The Council also voted unanimously to become an intervener in the Williams Transco company’s efforts to run a natural gas pipeline through a 1.2-mile section of the Princeton Ridge. With intervener status, the governing body can have some involvement in the process. Transco recently filed with the Federal Energy Regulatory Commission to go forward with the project.