By: (AP) The State Ethics Commission apologized Tuesday for illegally meeting in secret to discuss a dispute with its director, Alan Plofsky, in July.
Plofsky, who has since been fired, waived his confidentiality at the meeting and asked that commission members meet publicly. Over the recommendation of their attorney, they voted to go into executive session.
The Associated Press complained to the Freedom of Information Commission.
"I hereby acknowledge that portions of the Ethics Commission meeting held in executive session on July 9, 2004 should have been held in open session," Linda J. Yelmini, the commission's labor relations director, wrote Monday in a letter to settle that case. "The state Ethics Commission regrets this error."
Plofsky was fired in September but has appealed. His attorney, Gregg Adler, said if the appeal before the state employees review board fails, he will sue the commission in federal court.
"We appreciate the commission's recognition that it erred in closing this proceeding, " AP bureau chief Ed Bell said. "The commission plays an important role as a watchdog of public officials, and it's critical that its meetings be open to the public."
Adler said Plofsky has a similar FOI complaint, saying the ethics commission illegally met on another occasion to decide Plofsky's firing.
"I think it's a positive step toward the commission recognizing it should comply with FOIA in all respects," Adler said.
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