Connecticut Freedom of Information Act
From Sunshine Review
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The Connecticut Freedom of Information Act is a series of laws designed to guarantee that the public has access to public records of governmental bodies in Connecticut. The law was first enacted in 1975.
The Connecticut Open Meetings Law legislates the methods by which public meetings are conducted.
Statues 1-200 through 1-259 define these transparency laws.
To learn more about how to make a public records request in this state, please see: Connecticut FOIA procedures
[edit] Recent news
- See also: Connecticut transparency headlines
[edit] Transparency blocking
- Milford mayor again declines to release report May 29, 2009
- FOI officer recommends city victory May 29, 2009
- Ex-official claims selectmen held illegal meetings in Winsted May 29, 2009
More transparency blocking news from across the country.
[edit] Litigation
- Connecticut Supreme Court rules against unsealing court records Mar 03, 2010
- Friends of Open Space consider their options after commission ruling May 29, 2009
- FOI officer: Winsted violated Freedom of Information law May 27, 2009
More FOIA litigation news from across the country.
[edit] Legislation
- Towns seek relief from state Web site rule May 29, 2009
- FOI Commission rules for Herald May 29, 2009
- Small-Town First Selectmen Want Website Law Repealed May 29, 2009
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Connecticut. For more information go the the page or go to Connecticut sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Board of Trustees of Woodstock Academy v. FOIC | 1980 |
| Coalition to Save Horsebarn Hill v. FOIC | 2002 |
| Connecticut Humane Society v. FOIC | 1991 |
| Domestic Violence Services. v. FOIC | 1998 |
| Hallas v. FOIC | 1989 |
| Lieberman v. State Board of Labor Relations | 1990 |
| Shew v. FOIC | 1998 |
| Valvo v. Freedom of Information Commission | 2010 |
| Wilson v. Freedom of Information Commission | 1980 |
[edit] Proposed transparency legislation
[edit] 2010
Connecticut had a fiscal session this year and therefor did not consider proposed transparency legislation.
[edit] 2009
[edit] House
- House Bill 5009 [1] would allow towns more time to post minutes from public agency meetings on their web sites.
- House Bill 5314 [2] would relieve municipalities of costly mandates by authorizing the posting of legal notices on municipal web sites.
- House Bill 5365 [3] would provide meeting minute online posting mandate relief to towns and cities.
- House Bill 5368 [4] would delay the implementation of the mandate on municipalities to post information on web sites.
- House Bill 5371 [5] would provide local taxpayer relief from an unfunded mandate regarding posting of municipal information on web sites.
- House Bill 5379 [6] To provide mandate relief to towns and cities regarding posting meeting minutes online.
- House Bill 5384 [7] would provide mandate relief by delaying implementation of requirements requiring the posting of town minutes and agendas on the Internet.
- House Bill 5953 [8] would enable towns to post required legal notices on their web sites rather than in newspapers.
- House Bill 5954 [9] would establish a government transparency website to enable the public to track state spending and to promote transparency.
- House Bill 5957 [10] would accommodate warrant scanning technology by permitting the copying of public documents using a portable scanner.
- House Bill 5959 [11] would require the Office of Policy and Management and the Office of Fiscal Analysis each post the state budget on their respective web sites.
- House Bill 5960 [12] would require state agencies to post their regulations on their web sites.
- House Bill 5962 [13] would establish a searchable online database of state expenditures.
[edit] Senate
- Senate Bill 68 [14] would provide relief to smaller municipalities from certain requirements under the Freedom of Information Act.
- Senate Bill 201 [15] seeks to acknowledge that state funded group homes perform an important government function and that the public has a right to know how such homes are being managed and operated under the purview of the Freedom of Information Act.
- Senate Bill 333 [16] would relieve towns of the burden of posting meeting minutes and agendas on their web sites.
- Senate Bill 340 [17] seeks to enable easier public examination of all state contracts.
- Senate Bill 521 [18] would require full disclosure and transparency in state contracting.
- Senate Bill 523 [19] would establish a state website tracking the award of state grants and contracts.
- Senate Bill 772 [20] would revise the requirement that minutes from a public agency's sessions be posted on such agency's web site within seven days of such session.
- Senate Bill 912 [21] would ensure access to certain court records under FOIA, except those records that relate directly to decision-making in individual cases.
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Connecticut #14 in the nation with an overall percentage of 57.40%. [22]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Connecticut 53 points out of a possible 100, a letter grade of "F", and a ranking of 18 out of the 50 states.[23]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Colorado's law as the 17th best in the country, giving it a letter grade of "C".[24]
[edit] Features of the law
[edit] What records are covered?
"Public records or files" means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method." [25]
[edit] Exemptions
Exemptions to open records include:
- Preliminary drafts or notes whose disclosure does not outweigh the public benefit of withholding them
- "Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy" [26]
- Records of law enforcement agencies which are still currently in pre-trial or trial phase or which would place victims or culprits in danger.
- Strategy or negotiation concerning pending litigation.
- Trade Secrets
- Financial information, freely given and not required by statute
- Licensing tests and statements of personal worth.
- Collective bargaining records and reports.
- Personal information including names and addresses of students enrolled in any school
- Adoption records
- Petitions
- Records of complaints
- Any information that would jeopardize security at corrections facilities, infrastructure, telecommunications or the security of any individuals
- Home addresses of anyone within the Address Confidentiality Program
[edit] What agencies are covered?
The FOIA covers almost all political bodies and institutions within Connecticut including committees, employees, and all governmental departments. The exemptions include the Division of Criminal justice and any committee created from individuals who are outside of government who, through petition, has been declared exempt by the Connecticut Freedom of Information Commission. [26]
[edit] Who may request records?
According to Connecticut law, anyone may request public records. [26]
[edit] Must a purpose be stated?
There is nothing in Connecticut law that requires a purpose to be stated.
[edit] How can records be used?
There is nothing within the law that restricts the use of open records.
[edit] Time allowed for response
- See also: Request response times by state.
The allotted response time for Connecticut open records requests is four days.
[edit] Fees for records
Connecticut allows for charging fees which include duplication fees as well as the cost of employee time in searching for the requested documents. Fees may be exempted if it is deemed that the person making the request cannot afford them, if the request is made in the interest of the general welfare or if the person making the request is an elected public official requesting the information on behalf of his office.[27]
[edit] Freedom of Information Commission
The Connecticut public records law also requires there to be a Connecticut Freedom of Information Commission. This commission consists of 5 members appointed by the Governor, paid $200/day that they take part in commission hearings or other duties.
The Commission's primary responsibility is to review allegations of FOIA violations, and issues orders pertaining to them.
The CT FOIC has already seen more than 800 complaints in 2008, up from only 716 in 2007, making this the busiest year since the commission's formation. [28]
[edit] Open meetings
- To read more about open meetings laws in Connecticut, pleas see: Connecticut Open Meetings Law
"The meetings of all public agencies, except executive sessions, as defined in subdivision (6) of section 1-200, shall be open to the public. The votes of each member of any such public agency upon any issue before such public agency shall be reduced to writing and made available for public inspection within forty-eight hours and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer."[29]
[edit] Notable requests
[edit] See also
- Connecticut Freedom of Information Commission
- Connecticut FOIA procedures
- Connecticut transparency headlines
- Connecticut transparency advocates
- Connecticut transparency legislation
- Private agency, public dollars-Connecticut
- Connecticut Open Meetings Law
[edit] External links
[edit] References
- ↑ Text & Status of HB5009
- ↑ Text & Status of HB5314
- ↑ Text & Status of HB5365
- ↑ Text & Status of HB5368
- ↑ Text & Status of HB5371
- ↑ Text & Status of HB5379
- ↑ Text & Status of HB5384
- ↑ Text & Status of HB5953
- ↑ Text & Status of HB5954
- ↑ Text & Status of HB5957
- ↑ Text & Status of HB5959
- ↑ Text & Status of HB5960
- ↑ Text & Status of HB5962
- ↑ Text & Status of SB68
- ↑ Text & Status of SB201
- ↑ Text & Status of SB333
- ↑ Text & Status of SB340
- ↑ Text & Status of SB521
- ↑ Text & Status of SB523
- ↑ Text & Status of SB772
- ↑ Text & Status of SB912
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Chapter 14, section 1-200
- ↑ 26.0 26.1 26.2 26.3 Connecticut FOIA see section 14.1-210.2
- ↑ Connecticut FOIA 1-212.d
- ↑ Business booming for FOI Commission, The Advocate, September 30, 2008
- ↑ Chapter 14, section 1-225
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