NORWICH — Town officials reached a settlement agreement this month with resident Christopher Katucki to end a nearly three-year lawsuit over allegations that town subcommittees were not complying with Vermont’s open meeting laws.

In a settlement with Katucki, town officials agreed that any group organized by the town manager or a board of elected or appointed members will open their meetings to the public, notice them properly and record the minutes.

Katucki said that the settlement will result in better government transparency in Norwich, which had been the goal of his lawsuit.

“Public knowledge and participation is a bedrock principle of town democracy in Vermont,” Katucki said in a written statement. “Open government is good government.”

The town also agreed to compensate Katucki’s out-of-pocket expenses for legal filings, totaling $716.37.

Town Manager Brennan Duffy said in an email that the town spent roughly $100,000 on legal fees fighting the lawsuit, though he did not have a final cost.

“The Town of Norwich and a resident concerned with Open Meeting Law compliance have come to an agreement (and) we look forward to continuing to accomplish the business of the town,” Duffy said in an email on Monday.

Katucki, a retired attorney, filed suit against the town in early 2021. He contended that multiple groups created by town officials were violating the state open meeting law by meeting in private, without public notice or publishing minutes of their meetings.

Vermont statute VSA 312 requires public bodies to announce their regular meetings at least 48 hours in advance by posting a notice in two public places — and if one exists, a website.

The law also requires public bodies to take minutes of all meetings, which include the names of members and participants in attendance, a summary of the agenda items discussed and actions taken by the group, such as votes or motions.

In the lawsuit, Katucki identified four town groups that were not complying with the open meeting law.

Two of these groups involved members of the town Finance Committee, an advisory group to the Selectboard. According to court records, Finance Committee members had split into working groups — one to review the municipal budget and the other to review the school budget.

In May, Windsor Superior Court Justice Samuel Hoar ruled that these working groups “fell squarely within the definition of ‘public body’.”

“To conclude otherwise would make a mockery of the Open Meeting Law,” Hoar wrote in his decision. “Any public body could avoid the obligations of the law by the simple artifice of dividing itself into subgroups.”

The Selectboard voted unanimously in support of the settlement agreement at a meeting on Dec. 6.

Notably, the town does not admit to any wrongdoing in the agreement, though the town will direct all groups, even those formed by the town manager, to comply with the open meeting law when convening.

Katucki’s lawsuit also alleged two groups created by former Town Manager Herb Durfee of violating the open meeting law. One was a diversity, equity and inclusion task force that was charged with recommending ways to promote racial equity and inclusion in town. Another group comprised Durfee and two Selectboard members, who gathered to discuss staffing solutions for the town Finance Department when it lacked a director.

Hoar said it was unclear whether these groups constituted public bodies because it could not be determined whether they served a town committee or board. State statute, VSA 310, which defines a public body, exempts groups that are created by a municipal administrator solely for the purpose of providing policy advice.

“Whether either the DEI Group or the Finance Office Group is also a public body is a question for trial,” Hoar stated.

The town elected to settle with Katucki rather than seek a trial verdict.

Scott McGee, Katucki’s attorney, said in a phone interview that he provided services pro-bono. McGee said he has only been assisting Katucki with the case since the ruling in May and credited Katucki for all the work to that point.

“(This case) was really for the benefit of the broader public,” McGee said.

Patrick Adrian may be reached at padrian@vnews.com or 603-727-3216.