FairTV Commission Considers Airing Upcoming Fairfield Fill Pile Trial

FAIRFIELD, CT — Fairfield's FairTV Commission this week will reconsider an earlier decision not to air the upcoming fill pile illegal dumping and corruption trial, Patch has learned.

Last month, the commission voted unanimously not to air the trial, which is slated to begin at Bridgeport Superior Court in September. The commission discussed and voted on whether to air the trial, after residents asked the administration of First Selectwoman Brenda Kupchick if it would be aired.

Commissioners made the decision "on the basis that the current charter for FairTV does not support coverage of the trial," according to the minutes from the July 19 meeting.

However, Fairfield Town Attorney James Baldwin told Patch on Monday that he was not consulted on the matter before the commission made its decision, and he would have advised the group that "it is within their purview to air the trial as many on the commission were led to believe otherwise."

In a written opinion Baldwin sent to the commission, he wrote the following:

Secondary content.
The FairTV Commission may authorize additional coverage of Fairfield Town government and the Fairfield public schools, herein defined as gavel-to gavel meetings of Town bodies not part of the primary content schedule, and events related to Town government or the public schools, such as
ceremonies, nonpartisan public meetings, parades and athletic competitions.

"The examples cited in the highlighted portion above are only that and do not represent the universe of what constitutes Secondary Content," Baldwin wrote. "The only criteria is that it be non-partisan and concerns a matter 'related to Town government.' These examples are very instructive insofar as they show the broad reach of what kind of events are considered to be related to Town government. If parades are related, I have no doubt whatsoever that a criminal trial (involving former town employees who allegedly cost town taxpayers millions of dollars through their criminal behavior) is as well. Furthermore, the trial is unquestionably non-partisan by virtue of the very nature of our justice system."

The trial involves several former town employees and others, who are accused of overseeing the illegal dumping of toxic soil and fill throughout the town. Scott Bartlett, Fairfield's former public works superintendent, was sentenced last month to 18 months in prison in connection with the case.

The agenda for Wednesday's FairTV Commission meeting was not yet posted on the town's website on Monday, but the commission is scheduled to meet by WebEx at 7 p.m. Baldwin told Patch that he will attend Wednesday's meeting.

Two past FairTV commissioners, current Town Plan and Zoning Commissioner Kathryn Braun and past Chair Jim Kennelly, wrote to the commission in support of its original decision not to cover the trial.

"You made the correct decision: FairTV is an independent Commission and is not obligated to accede to any public official’s request for coverage," Braun and Kennelly wrote. "Per the Town Code, the Commission 'shall serve as the sole policy-making authority regarding broadcast content.'"

The two also argued, "It would go against the FairTV mission, which is simply to cover town government, to broadcast external public interest or newsworthy events even if they involve town officials, because those events and proceedings are not part of Town government. Dozens of Town boards and commissions determine the future of our town and encourage public participation into the government. Court cases on the other hand are external State or Federal proceedings involving past actions and do not allow public participation into Town governance. They are simply not part of Town government."

FairTV's policies can be viewed by clicking here; the Town Code discussing FairTV can be viewed by clicking here.