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CHAPTER 14*
FREEDOM OF INFORMATION ACT
*See Sec. 11-8(b) re appointment of Public Records Administrator.
Annotations to former chapter 3:
Woodstock Academy deemed subject to provisions of Freedom of Information Act. 181 C. 544, 545, 548—556. Cited.
190 C. 235, 245. Cited. 192 C. 234, 238—242, 246; Id., 310, 311; Id., 581, 588. Freedom of Information Act cited. 201
C. 421, 422, 431. Secs. 1-7—1-21k Connecticut Freedom of Information Act (FOIA) cited. 217 C. 322, 324, 329, 330.
Freedom of Information Act (FOIA) Secs. 1-7—1-21k cited. 219 C. 685, 687, 688, 690—692, 694—698. Cited. 227 C.
641, 642, 653, 654. Freedom of Information Act, Secs. 1-7—1-21k, cited. Id. Cited. Id., 641, 642, 653, 654. Freedom of
Information Act cited. Id. Freedom of Information Act cited. 230 C. 441, 442, 451; 233 C. 28—30, 37, 40. Freedom of
Information Act (FOIA) cited. 234 C. 704, 705, 712—715, 717. Freedom of Information Act (FOIA) cited. 240 C. 1.
Controversy before Freedom of Information Commission not moot; judgment of appellate court in Domestic Violence
Services of Greater New Haven Inc. v. Freedom of Information Commission reversed and remanded to appellate court for
further proceedings. Id. Freedom of Information Act cited. Id., 824; Id., 835. Freedom of Information Act (act) cited. 241
C. 310. Freedom of Information Act, Sec. 1-7 et seq. cited. 242 C. 79.
Freedom of Information Act, Secs. 1-7—1-21k, cited. 18 CA 212, 213; Id., 291, 294. Freedom of Information Act
cited. 35 CA 384, 387—389, 391; 36 CA 155, 156. Freedom of Information Act, Sec. 1-7 et seq. cited. 39 CA 154, 156.
Freedom of Information Act cited. 41 CA 67, 69, 71, 75. "The act" cited. Id. Freedom of Information Act cited. Id., 649,
655, 657; Id., 641, 645. Freedom of Information Act, Sec. 1-7 et seq. cited. 42 CA 519. Freedom of Information Act (FOIA)
cited. Id., 700; judgment reversed, see 240 C. 835 et seq. Freedom of Information Act cited. 44 CA 611. Freedom of
Information Act, Sec. 1-7 et seq. cited. Id., 622. Freedom of Information Act cited. 45 CA 413.
Gathering of members of public agency to discuss or act on matter over which agency has supervision, control, jurisdiction or advisory power is a public meeting subject to the notice and record requirements of sections 1-7 to 1-21k. 36 CS
117—121. Cited. 39 CS 56, 58-63; Id., 176, 180, 181, 186, 187. Freedom of Information Act cited. 40 CS 233, 234.
Freedom of Information Act cited. 43 CS 246, 247, 251. Freedom of Information Act cited. 44 CS 230.
Table of Contents
Sec. 1-200. (Formerly Sec. 1-18a). Definitions.
Sec. 1-201. (Formerly Sec. 1-19c). Division of Criminal Justice deemed not to be public agency, when.
Sec. 1-202. (Formerly Sec. 1-20e). Application of freedom of information provisions to agency committee composed entirely of individuals who are not members of the agency.
Secs. 1-203 and 1-204.
Sec. 1-205. (Formerly Sec. 1-21j). Freedom of Information Commission.
Sec. 1-206. (Formerly Sec. 1-21i). Denial of access to public records or meetings. Appeals. Notice. Orders. Civil penalty. Service of process upon commission. Frivolous appeals.
Secs. 1-207 to 1-209.
Sec. 1-210. (Formerly Sec. 1-19). Access to public records. Exempt records.
Sec. 1-211. (Formerly Sec. 1-19a). Disclosure of computer-stored public records. Contracts. Acquisition of system, equipment, software to store or retrieve nonexempt public records.
Sec. 1-212. (Formerly Sec. 1-15). Copies and scanning of public records. Fees.
Sec. 1-213. (Formerly Sec. 1-19b). Agency administration. Disclosure of personnel, birth and tax records. Judicial records and proceedings.
Sec. 1-214. (Formerly Sec. 1-20a). Public employment contracts as public record. Objection to disclosure of personnel or medical files.
Sec. 1-215. (Formerly Sec. 1-20b). Record of an arrest as public record. Exception.
Sec. 1-216. (Formerly Sec. 1-20c). Review and destruction of records consisting of uncorroborated allegations of criminal activity.
Sec. 1-217. (Formerly Sec. 1-20f). Nondisclosure of residential addresses of certain individuals.
Sec. 1-218. Certain contracts for performance of governmental functions. Records and files subject to Freedom of Information Act.
Sec. 1-219. Veterans' military records.
Secs. 1-220 to 1-224.
Sec. 1-225. (Formerly Sec. 1-21). Meetings of government agencies to be public. Recording of votes. Schedule and agenda of meetings to be filed. Notice of special meetings. Executive sessions.
Sec. 1-226. (Formerly Sec. 1-21a). Recording, broadcasting or photographing meetings.
Sec. 1-227. (Formerly Sec. 1-21c). Mailing of notice of meetings to persons filing written request. Fees.
Sec. 1-228. (Formerly Sec. 1-21d). Adjournment of meetings. Notice.
Sec. 1-229. (Formerly Sec. 1-21e). Continued hearings. Notice.
Sec. 1-230. (Formerly Sec. 1-21f). Regular meetings to be held pursuant to regulation, ordinance or resolution.
Sec. 1-231. (Formerly Sec. 1-21g). Executive sessions.
Sec. 1-232. (Formerly Sec. 1-21h). Conduct of meetings.
Secs. 1-233 to 1-239.
Sec. 1-240. (Formerly Sec. 1-21k). Penalties.
Sec. 1-241. (Formerly Sec. 1-21l). Injunctive relief from frivolous, unreasonable or harassing freedom of information appeals.
Secs. 1-242 to 1-259.
As used in this chapter, the following words and phrases shall have the following meanings, except where such terms
are used in a context which clearly indicates the contrary:
(1) "Public agency" or "agency" means:
(A) Any executive, administrative or legislative office of the state or any political
subdivision of the state and any state or town agency, any department, institution, bureau,
board, commission, authority or official of the state or of any city, town, borough, municipal corporation, school district, regional district or other district or other political subdivision of the state, including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official,
and also includes any judicial office, official, or body or committee thereof but only
with respect to its or their administrative functions;
(B) Any person to the extent such person is deemed to be the functional equivalent
of a public agency pursuant to law; or
(C) Any "implementing agency", as defined in section 32-222.
(2) "Meeting" means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means
of electronic equipment, to discuss or act upon a matter over which the public agency
has supervision, control, jurisdiction or advisory power. "Meeting" does not include:
Any meeting of a personnel search committee for executive level employment candidates; any chance meeting, or a social meeting neither planned nor intended for the
purpose of discussing matters relating to official business; strategy or negotiations with
respect to collective bargaining; a caucus of members of a single political party notwithstanding that such members also constitute a quorum of a public agency; an administrative or staff meeting of a single-member public agency; and communication limited to
notice of meetings of any public agency or the agendas thereof. A quorum of the members
of a public agency who are present at any event which has been noticed and conducted
as a meeting of another public agency under the provisions of the Freedom of Information
Act shall not be deemed to be holding a meeting of the public agency of which they are
members as a result of their presence at such event.
(3) "Caucus" means (A) a convening or assembly of the enrolled members of a
single political party who are members of a public agency within the state or a political
subdivision, or (B) the members of a multimember public agency, which members constitute a majority of the membership of the agency, or the other members of the agency
who constitute a minority of the membership of the agency, who register their intention
to be considered a majority caucus or minority caucus, as the case may be, for the
purposes of the Freedom of Information Act, provided (i) the registration is made with
the office of the Secretary of the State for any such public agency of the state, in the
office of the clerk of a political subdivision of the state for any public agency of a political
subdivision of the state, or in the office of the clerk of each municipal member of any
multitown district or agency, (ii) no member is registered in more than one caucus at
any one time, (iii) no such member's registration is rescinded during the member's
remaining term of office, and (iv) a member may remain a registered member of the
majority caucus or minority caucus regardless of whether the member changes his or
her party affiliation under chapter 143.
(4) "Person" means natural person, partnership, corporation, limited liability company, association or society.
(5) "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.
(6) "Executive sessions" means a meeting of a public agency at which the public
is excluded for one or more of the following purposes: (A) Discussion concerning the
appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussion be held at
an open meeting; (B) strategy and negotiations with respect to pending claims or pending
litigation to which the public agency or a member thereof, because of the member's
conduct as a member of such agency, is a party until such litigation or claim has been
finally adjudicated or otherwise settled; (C) matters concerning security strategy or the
deployment of security personnel, or devices affecting public security; (D) discussion
of the selection of a site or the lease, sale or purchase of real estate by a political subdivision of the state when publicity regarding such site, lease, sale, purchase or construction
would cause a likelihood of increased price until such time as all of the property has
been acquired or all proceedings or transactions concerning same have been terminated
or abandoned; and (E) discussion of any matter which would result in the disclosure of
public records or the information contained therein described in subsection (b) of section
1-210.
(7) "Personnel search committee" means a body appointed by a public agency,
whose sole purpose is to recommend to the appointing agency a candidate or candidates
for an executive-level employment position. Members of a "personnel search committee" shall not be considered in determining whether there is a quorum of the appointing
or any other public agency.
(8) "Pending claim" means a written notice to an agency which sets forth a demand
for legal relief or which asserts a legal right stating the intention to institute an action
in an appropriate forum if such relief or right is not granted.
(9) "Pending litigation" means (A) a written notice to an agency which sets forth
a demand for legal relief or which asserts a legal right stating the intention to institute
an action before a court if such relief or right is not granted by the agency; (B) the
service of a complaint against an agency returnable to a court which seeks to enforce
or implement legal relief or a legal right; or (C) the agency's consideration of action to
enforce or implement legal relief or a legal right.
(10) "Freedom of Information Act" means this chapter.
(11) "Governmental function" means the administration or management of a program of a public agency, which program has been authorized by law to be administered
or managed by a person, where (A) the person receives funding from the public agency
for administering or managing the program, (B) the public agency is involved in or
regulates to a significant extent such person's administration or management of the
program, whether or not such involvement or regulation is direct, pervasive, continuous
or day-to-day, and (C) the person participates in the formulation of governmental policies or decisions in connection with the administration or management of the program
and such policies or decisions bind the public agency. "Governmental function" shall
not include the mere provision of goods or services to a public agency without the
delegated responsibility to administer or manage a program of a public agency.
(P.A. 75-342, S. 1; P.A. 77-421; 77-609, S. 1, 8; P.A. 83-67, S. 1; 83-372; P.A. 84-546, S. 3, 173; P.A. 87-568, S. 1,
2; P.A. 90-307, S. 2, 5; P.A. 91-140, S. 1, 3; P.A. 93-195, S. 1; P.A. 95-79, S. 2, 189; P.A. 97-47, S. 1; P.A. 00-136, S. 1;
P.A. 01-169, S. 1; P.A. 02-130, S. 17.)
History: P.A. 77-421 deleted reference to court of common pleas, probate court and juvenile court in Subsec. (a); P.A.
77-609 redefined "meeting" and "executive sessions"; P.A. 83-67 amended Subsec. (a) by including any state, municipal
or district authority within the meaning of "agency" or "public agency"; P.A. 83-372 included within the definition of
"agency" or "public agency" any committee formed by a body previously defined as an agency or public agency; P.A. 84-
546 included committees of authorities in definition of "public agency"; P.A. 87-568 excluded from definition of "meeting"
any "meeting of a personnel search committee for executive level employment candidates" and added Subsec. (f), defining
"personnel search committee"; P.A. 90-307 added Subsec. (g) re exception to meeting provisions; P.A. 91-140 inserted
new Subsecs. (g) and (h), defining "pending claim" and "pending litigation", and relettered former Subsec. (g) as Subsec.
(i); P.A. 93-195 inserted ", or created by," in definition of "public agency" or "agency" in Subsec. (a); P.A. 95-79 redefined
"person" to include a limited liability company, effective May 31, 1995; P.A. 97-47 replaced alphabetic Subdiv. indicators
with numbers, transferred quorum provisions (formerly Subdiv. (i)) to Subdiv. (2), defining "meeting", and added Subdiv.
(10) defining "Freedom of Information Act"; Sec. 1-18a transferred to Sec. 1-200 in 1999; P.A. 00-136 redefined "public
agency" in Subdiv. (1) to include implementing agencies, as defined in Sec. 32-222; P.A. 01-169 amended definition of
"public agency" in Subdiv. (1) by making technical changes, dividing Subdiv. into Subparas. and adding Subpara. (B) to
include any person to extent such person is deemed the functional equivalent of a public agency, amended definition of
"public records or files" in Subdiv. (5) by adding "or to which a public agency is entitled to receive a copy by law or
contract under section 1-218", made a technical change for the purposes of gender neutrality in Subdiv. (6) and added
Subdiv. (11) defining "governmental function"; P.A. 02-130 made a technical change in Subdiv. (1)(C), substituted "does
not" for "shall not" in Subdiv. (2) and amended definition of "caucus" in Subdiv. (3) to designate existing provisions as
Subpara. (A) and add Subpara. (B) re members of a multimember public agency, effective May 10, 2002.
Annotations to former section 1-18a:
Cited. 174 C. 308, 310. Cited. 181 C. 324, 325. Cited. 182 C. 142, 170, 171. Cited. 184 C. 102, 104. Cited. 190 C. 235,
245. Cited. 192 C. 310, 311, 314, 315, 317. Freedom of Information Act cited. 204 C. 609, 611, 612, 617, 619, 621, 623;
205 C. 767, 768, 775, 778; 206 C. 449, 452; 207 C. 698, 701. Cited. 208 C. 442—445, 448—450, 453, 454; 210 C. 590,
592; 212 C. 100—102, 105. Freedom of Information Act cited. 208 C. 442—445, 448—450, 453, 454; 209 C. 204, 208,
210; 210 C. 590, 592; Id., 646, 648, 650; 212 C. 100—102, 105; 213 C. 126, 127, 129, 130; Id., 216, 217, 219. Freedom
of Information Act (FOIA) cited. 214 C. 312, 313, 315. Cited. 216 C. 253, 258, 260, 265—268. Freedom of Information
Act (FOIA) cited. Id. FOIA, Freedom of Information Act cited. 217 C. 153, 156, 160. Freedom of Information Act (FOIA)
cited. Id., 193—201. Freedom of Information Act cited. 218 C. 256, 260, 261. Freedom of Information Act (FOIA), Sec.
1-18a et seq. cited. Id., 757—761; 220 C. 225, 226, 235, 255, 259, 260, 262. Freedom of Information Act (FOIA) cited.
221 C. 217, 218, 222, 224, 225, 228, 232, 233, 235; Id., 300, 301, 303—308, 314; Id., 393—395, 398, 399, 401. Freedom
of Information Act cited. Id., 482, 485. Cited. Id., 549, 577, 578. Freedom of Information Act cited. Id. Freedom of
Information Act (FOIA) cited. 222 C. 621, 626, 627, 630. Cited. 227 C. 641, 653. Cited. Id., 848, 849. Freedom of
Information Act (FOIA) cited. 228 C. 158, 160, 163—168, 170, 172—174, 177. Freedom of Information Act cited. Id.,
271, 272, 275—277, 279. Cited. 234 C. 704, 705. Cited. 240 C. 1.
Freedom of Information Act cited. 4 CA 468, 469, 472, 479, 484; 14 CA 380, 382, 383; judgment reversed, see 210
C. 646, 648, 649. Freedom of Information Act cited. 16 CA 49—53; 19 CA 352, 353, 355; Id., 539—541, 544; 20 CA
671, 674, 675. Freedom of Information Act (FOIA) cited. 22 CA 316—320. Freedom of Information Act (FOIA) cited.
29 CA 821, 822, 824. Cited. 31 CA 690, 691. Cited. 35 CA 111, 113—119. Freedom of Information Act (FOIA) cited.
Id. Freedom of Information Act (FOIA) Sec. 1-15 et seq. cited. 37 CA 589, 610. Freedom of Information Act, Sec. 1-15
et seq. cited. 42 CA 402. Freedom of Information Act cited. 43 CA 133. Cited. 51 CA 100. Order that documents be
disclosed under section was proper. 54 CA 373.
Freedom of Information Act cited. 41 CS 31, 27, 39—41, 48; Id., 267, 270. Cited. 42 CS 84, 88, 90, 91. Freedom of
Information Act cited. Id. P.A. 91-140, Sec. 1 cited. Id. Freedom of Information Act cited. Id. 129, 138, 140. Cited. Id.,
291, 293—295. Freedom of Information Act cited. Id.
Subsec. (a):
Woodstock Academy deemed a "public agency" within meaning of statute. 181 C. 544, 546, 549, 550, 553. Rules
committee of superior court does not perform "administrative functions" within meaning of the statute and is not subject
to the provisions of the Freedom of Information Act. 192 C. 234, 235, 238—241, 243, 246. Cited. 204 C. 609, 612. Exercise
of administrative functions and adjudication discussed. 209 C. 204, 205, 207—210. Cited. 212 C. 100, 102, 103. Connecticut
Humane Society not a public agency within meaning of section; applications of section discussed. 218 C. 757—760, 762,
763. "Committee" under section refers only to subunits composed entirely of public agency members. 219 C. 685—687,
690—692, 694, 697, 698. P.A. 83-372 cited. Id. Cited. 221 C. 217, 232. Cited. Id. 300, 305. Cited. 227 C. 848, 849. Cited.
240 C. 1. Cited. Id., 835.
Cited. 18 CA 291—294. Cited. 19 CA 352, 355. Cited. 36 CA 155, 157. Cited. 42 CA 519. Cited. Id., 700; judgment
reversed, see 240 C. 835 et seq. Cited. 43 CA 133. Domestic Violence Services of Greater New Haven, Inc. not a public
agency within meaning of statute; "functional equivalent" test discussed. 47 CA 466. Gathering of four selectmen, chairman
of board of finance and town controller to discuss future meeting of board of selectmen not a meeting of the board of
selectmen since less than a quorum of board present at the gathering. 48 CA 529.
Cited. 39 CS 257, 258. Cited. 42 CS 84, 88; Id., 129, 130, 138, 140, 142; Id., 291, 295. Cited. 44 CS 230.
Subsec. (b):
Cited. 201 C. 685, 693. Cited. 230 C. 441, 444, 445. Cited. 231 C. 922. Cited. 234 C. 704, 707, 710—713. Section
must be construed to contemplate a bifurcated grievance hearing; judgments of appellate court in Waterbury Teachers
Assn. v. Freedom of Information Commission, 42 CA 700 et seq. reversed. 240 C. 835.
Cited. 19 CA 352, 354—357. Cited. 35 CA 111, 114—116. Cited. 42 CA 402. Grievance hearings involve "negotiations
with respect to collective bargaining" pursuant to the statutory exception of the section. Id., 700; judgment reversed, see
240 C. 835 et seq. Grievance arbitration hearings before Board of Mediation and Arbitration are not public meetings within
the meaning of the section. 43 CA 133.
Gathering of Republican members of board of aldermen attended by persons other than Republicans was not a caucus
under this subsection but a public meeting subject to the notice and record requirements of sections 1-7 to 1-21k. 36 CS
117, 120, 121. When members of a public agency who are of the same political party gather for the limited purpose of
discussing and deciding the party's position on matters to come before the agency, that gathering is a caucus under this
subsection. Id. Cited. 39 CS 56, 59. Cited. 42 CS 84, 86—88.
Subsec. (c):
Cited. 221 C. 217, 228. Cited. 222 C. 361, 366. Cited. 234 C. 624, 644.
Subsec. (d):
Cited. 204 C. 609, 612. Cited. 208 C. 442, 446, 447, 453. Cited. 214 C. 312, 317. Cited. 216 C. 253, 266. Cited. 228
C. 158, 162, 166.
Cited. 4 CA 216, 219. Cited. 44 CA 622. Certain affidavits of town employees and officers prepared by the town
attorney's office to assist town attorney in defending the town against complaint not public records since prepared by town
attorney who is not town employee for his use and not for use of public agency. 48 CA 522.
Subsec. (e):
Cited. 181 C. 324, 328. Cited. 182 C. 138, 139. Cited. 192 C. 183, 190. Subdiv. (1) cited. 182 C. 138, 140. Cited. 192
C. 183, 185, 187. Cited. 198 C. 498, 499. Subdiv. (5) cited. Id., 498, 500. Subdiv. (1) cited. 199 C 451, 452. Cited. 213 C.
216, 218. Subdiv. (1): Court interpreted "appointment" to include term "filling a vacancy" used in Sec. 10-219. Id., 216,
217, 219. Subdiv. (5) cited. 217 C. 153, 156, 157, 163. Cited. Id., 153, 156, 158. Subdiv. (2): Term "pending claim"
discussed. Id., 153, 156—163. Cited. 221 C. 217, 220—222, 235. Subdiv. (1) cited. 234 C. 704, 714. Subdiv. (2) cited.
Id., 704, 713. Subdiv. (1) cited. 240 C. 835. Subdiv. (2) cited. Id.
Cited. 2 CA 600, 602. Cited. 14 CA 380—382; judgment reversed, see 210 C. 646, 648, 649. Cited. 19 CA 539, 541,
545. Subdivs. (1) and (5) cited. 20 CA 671, 674. Cited. 31 CA 690, 693. Cited. 42 CA 402.
Cited. 41 CS 267, 269. Subdiv. (1): "Filling a vacancy" as used in Sec. 10-219 constitutes "appointment" within meaning
of this section. Id., 267—270. Subdiv. (2) cited. 42 CS 84—86, 88—90. Cited. Id., 84, 87. Subdiv. (5) cited. Id., 84, 92.
Subsec. (h):
Any action, not restricted to legal action, to implement legal relief or enforce a legal right concerns "pending litigation".
243 C. 427.
Annotations to present section:
Order that documents be disclosed under section was proper. 54 CA 373.
Subdiv. (2):
Grievance arbitration proceedings are not meetings within meaning of section. 244 C. 487.
Predisciplinary employee conference is not a "meeting". 48 CA 424.
Sec. 1-201. (Formerly Sec. 1-19c). Division of Criminal Justice deemed not to
be public agency, when. For the purposes of subdivision (1) of section 1-200, the
Division of Criminal Justice shall not be deemed to be a public agency except in respect
to its administrative functions.
(P.A. 84-406, S. 12, 13; P.A. 00-66, S. 4.)
History: P.A. 84-406 effective November 28, 1984, upon certification by secretary of the state of vote on constitutional
amendment re appointment of state's attorneys; Sec. 1-19c transferred to Sec. 1-201 in 1999; P.A. 00-66 changed the
reference to Sec. 1-200(1).
Annotations to former section 1-19c:
Connecticut Freedom of Information Act, Secs. 1-7—1-21k, cited. 206 C. 449, 452. FOIA, Freedom of Information
Act, cited. 217 C. 153, 156, 160. Freedom of Information Act (FOIA) cited. Id., 193—201. Freedom of Information Act
cited. 218 C. 256, 260, 261. Freedom of Information Act (FOIA), Sec. 1-18a et seq. cited. Id., 757—761; 220 C. 225, 226,
235, 255, 259, 260, 262. Freedom of Information Act (FOIA) cited. 221 C. 217, 218, 222, 224, 225, 228, 232, 233, 235.
Cited. Id., 300, 301, 303—308, 314. Freedom of Information Act (FOIA) cited. Id.; Id., 393—395, 398, 399, 401. Freedom
of Information Act cited. Id., 482, 485; Id., 549, 577, 578. Freedom of Information Act (FOIA) cited. 222 C. 621, 626,
627, 630. Cited. 227 C. 641, 644, 645, 650. Freedom of Information Act (FOIA) cited. 228 C. 158, 160, 163—168, 170,
172—174, 177. Freedom of Information Act cited. Id., 271, 272, 275—277, 279.
Freedom of Information Act (FOIA) cited. 22 CA 316—320. Freedom of Information Act (FOIA) cited. 29 CA 821,
822, 824. Freedom of Information Act (FOIA) cited. 35 CA 111, 113, 115—119. Freedom of Information Act (FOIA)
Sec. 1-15 et seq. cited. 37 CA 589, 610. Freedom of Information Act, Sec. 1-15 et seq. cited. 42 CA 402. Freedom of
Information Act cited. 43 CA 133.
Freedom of Information Act cited. 42 CS 84, 88, 90; Id., 129, 138, 140. Cited. Id., 291, 293—295, 300. Freedom of
Information Act cited. Id.
Sec. 1-202. (Formerly Sec. 1-20e). Application of freedom of information provisions to agency committee composed entirely of individuals who are not members
of the agency. Any public agency may petition the Freedom of Information Commission
before establishing a committee of the public agency which is to be composed entirely
of individuals who are not members of the agency, to determine whether such committee
may be exempted from the application of any provision of the Freedom of Information
Act. If the commission, in its judgment, finds by reliable, probative and substantial
evidence that the public interest in exempting the committee from the application of
any such provision clearly outweighs the public interest in applying the provision to the
committee, the commission shall issue an order, on appropriate terms, exempting the
committee from the application of the provision.
(P.A. 93-195, S. 2; P.A. 97-47, S. 7.)
History: P.A. 97-47 substituted "the Freedom of Information Act" for list of sections; Sec. 1-20e transferred to Sec. 1-
202 in 1999.
Annotation to former section 1-20e:
Freedom of Information Act (FOIA) Sec. 1-15 et seq. cited. 37 CA 589, 610. Freedom of Information Act, Sec. 1-15
et seq. cited. 42 CA 402. Freedom of Information Act cited. 43 CA 133.
Reserved for future use.
(a)
There shall be a Freedom of Information Commission consisting of five members appointed by the Governor, with the advice and consent of either house of the General
Assembly, who shall serve for terms of four years from the July first of the year of their
appointment, except that of the members appointed prior to and serving on July 1, 1977,
one shall serve for a period of six years from July 1, 1975, one shall serve for a period
of four years from July 1, 1975, and one shall serve for a period of six years from July
1, 1977. Of the two new members first appointed after July 1, 1977, one shall serve
from the date of such appointment until June 30, 1980, and one shall serve from the
date of such appointment until June 30, 1982. No more than three members shall be
members of the same political party.
(b) Each member shall receive fifty dollars per day for each day such member is
present at a commission hearing or meeting, and shall be entitled to reimbursement for
actual and necessary expenses incurred in connection therewith, in accordance with the
provisions of section 4-1.
(c) The Governor shall select one of its members as a chairman. The commission
shall maintain a permanent office at Hartford in such suitable space as the Commissioner
of Public Works provides. All papers required to be filed with the commission shall be
delivered to such office.
(d) The commission shall, subject to the provisions of the Freedom of Information
Act promptly review the alleged violation of said Freedom of Information Act and issue
an order pertaining to the same. Said commission shall have the power to investigate
all alleged violations of said Freedom of Information Act and may for the purpose of
investigating any violation hold a hearing, administer oaths, examine witnesses, receive
oral and documentary evidence, have the power to subpoena witnesses under procedural
rules adopted by the commission to compel attendance and to require the production
for examination of any books and papers which the commission deems relevant in any
matter under investigation or in question. In case of a refusal to comply with any such
subpoena or to testify with respect to any matter upon which that person may be lawfully
interrogated, the superior court for the judicial district of Hartford, on application of the
commission, may issue an order requiring such person to comply with such subpoena
and to testify; failure to obey any such order of the court may be punished by the court
as a contempt thereof.
(e) The Freedom of Information Commission, and the Department of Information
Technology with respect to access to and disclosure of computer-stored public records,
shall conduct training sessions, at least annually, for members of public agencies for
the purpose of educating such members as to the requirements of sections 1-7 to 1-14,
inclusive, 1-16 to 1-18, inclusive, 1-200 to 1-202, inclusive, 1-205, 1-206, 1-210 to 1-
217, inclusive, 1-225 to 1-232, inclusive, 1-240, 1-241 and 19a-342.
(f) Not later than December 31, 2001, the Freedom of Information Commission
shall create, publish and provide to the chief elected official of each municipality a model
ordinance concerning the establishment by any municipality of a municipal freedom of
information advisory board to facilitate the informed and efficient exchange of information between the commission and such municipality. The commission may amend the
model ordinance from time to time.
(g) When the General Assembly is in session, the Governor shall have the authority
to fill any vacancy on the commission, with the advice and consent of either house of
the General Assembly. When the General Assembly is not in session any vacancy shall
be filled pursuant to the provisions of section 4-19. A vacancy in the commission shall
not impair the right of the remaining members to exercise all the powers of the commission and three members of the commission shall constitute a quorum.
(h) The commission shall, subject to the provisions of chapter 67, employ such
employees as may be necessary to carry out the provisions of this chapter. The commission may enter into such contractual agreements as may be necessary for the discharge
of its duties, within the limits of its appropriated funds and in accordance with established
procedures.
(i) The commission shall make available to the public the printed reports of its
decisions, opinions and related materials at a reasonable cost not to exceed the actual
cost thereof to said commission but not less than twenty-eight dollars per item.
(j) The Freedom of Information Commission shall not be construed to be a commission or board within the meaning of section 4-9a.
(P.A. 75-342, S. 15, 19; P.A. 77-609, S. 7, 8; 77-614, S. 73, 610; P.A. 78-280, S. 8, 127; 78-315, S. 3, 4; P.A. 79-560,
S. 1, 39; 79-575, S. 1, 4; P.A. 86-390, S. 1, 2, 4; P.A. 87-496, S. 5, 110; P.A. 88-230, S. 1, 12; P.A. 89-251, S. 57, 203;
P.A. 90-98, S. 1, 2; P.A. 91-347, S. 3, 5; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4—6; P.A. 97-47, S. 13; June 18 Sp. Sess.
P.A. 97-9, S. 27, 50; P.A. 00-136, S. 8, 10.)
History: P.A. 77-609 increased the number of commission members to five, changed the terms of members to four
years, provided that not more than three members belong to the same political party and added Subsecs. (e) and (f); P.A.
77-614 changed "public works commissioner" to "commissioner of administrative services"; P.A. 78-280 changed "court
of common pleas for the county of Hartford" to "superior court for the judicial district of Hartford-New Britain"; P.A. 78-
315 added Subsec. (i); P.A. 79-560 changed "fiscal and budgetary" purposes to "administrative" purposes; P.A. 79-575
changed per diem to fifty dollars, allowed for reimbursement for expenses and added Subsecs. (g) and (h); P.A. 86-390
deleted provision in Subsec. (a) placing commission within the office of the secretary of the state for administrative purposes
only and deleted provision in Subsec. (c) requiring secretary of the state to provide secretarial assistance to the commission;
P.A. 87-496 substituted public works commissioner for administrative services commissioner in Subsec. (c); P.A. 88-230
replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A.
89-251 set the fee for documents at not less than twenty-eight dollars per item; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-347 inserted "and the office of information and
technology with respect to access to and disclosure of computer-stored public records" in Subsec. (e), effective July 1,
1992; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective
June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998,
effective July 1, 1995; P.A. 97-47 amended Subsec. (d) by substituting "the Freedom of Information Act" for list of sections;
June 18 Sp. Sess. P.A. 97-9 amended Subsec. (e) by substituting "Department of Information Technology" for "Office of
Information and Technology", effective July 1, 1997; Sec. 1-21j transferred to Sec. 1-205 in 1999; P.A. 00-136 inserted
new Subsec. (f) re a model ordinance for a municipal freedom of information advisory board, and redesignated former
Subsecs. (f) to (i), inclusive, as (g) to (j), respectively, effective July 1, 2000.
Annotations to former section 1-21j:
Cited. 174 C. 308, 310. Cited. 181 C. 324, 325. Cited. 182 C. 140, 170, 171. Cited. 184 C. 102, 104. Cited. 190 C. 235,
245. Cited. 192 C. 310, 311, 314, 315, 317. Freedom of Information Act cited. 204 C. 609, 611, 612, 617, 619, 621, 623;
205 C. 767, 768, 775, 778; 206 C. 449, 452; 207 C. 698, 701. Cited. 208 C. 442, 445, 448—450, 453, 454; 210 C. 590,
592; 212 C. 100—102, 105. Freedom of Information Act cited. 208 C. 442, 445, 448—450, 453, 454; 209 C. 204, 208,
210; 210 C. 590, 592; Id., 646, 648, 650; 212 C. 100—102, 105; 213 C. 126, 127, 129, 130; Id., 216, 217, 219. Freedom
of Information Act (FOIA) cited. 214 C. 312, 313, 315. Cited. 216 C. 253, 258, 260, 265—268. Freedom of Information
Act (FOIA) cited. Id., Freedom of Information Act, cited. 217 C. 153, 156, 160. Freedom of Information Act (FOIA);
cited. Id., 193—201. Freedom of Information Act cited. 218 C. 256, 260, 261. Freedom of Information Act (FOIA) Sec.
1-18a et seq. cited. Id., 757—761; 220 C. 225, 226, 235, 255, 259, 260, 262. Freedom of Information Act (FOIA) cited.
221 C. 217, 218, 222, 224, 225, 228, 232, 233, 235; Id., 300, 301, 303—308, 314; Id., 393—395, 398, 399, 401. Freedom
of Information Act cited. Id., 482, 485; Id., 549, 577, 578. Freedom of Information Act (FOIA) cited. 222 C. 621, 626,
627, 630. Cited. 228 C. 158, 160, 163—168, 170, 172—174, 177. Freedom of Information Act (FOIA) cited. Id. Cited.
228 C. 271, 272, 275—279. Freedom of Information Act cited. Id.
Cited. 2 CA 600, 601. Freedom of Information Act cited. 4 CA 468, 469, 472, 479, 484; 14 CA 380, 382, 383; judgment
reversed, see 210 C. 646, 648, 649. Freedom of Information Act cited. 16 CA 49—53; 19 CA 352, 353, 355; Id., 539, 540,
542, 544; 20 CA 671, 674, 675. Freedom of Information Act (FOIA) cited. 22 CA 316—320. Freedom of Information Act
(FOIA) cited. 29 CA 821, 822, 824. Freedom of Information Act (FOIA) cited. 35 CA 111, 113, 115—119. Freedom of
Information Act (FOIA) Sec. 1-15 et seq. cited. 37 CA 589, 610. Freedom of Information Act, Sec. 1-15 et seq. cited. 42
CA 402. Freedom of Information Act cited. 43 CA 133.
Freedom of Information Act cited. 41 CS 31, 37, 39—41, 48; Id., 267, 270; 42 CS 84, 88, 90; Id., 129, 138, 140; Id.,
291, 293—295.
Subsec. (d):
Subsection specifies sections of general statutes to which Freedom of Information Commission is subject. 181 C. 324,
340. Cited. 192 C. 183, 191. Cited. 208 C. 453, 454.
Sec. 1-206. (Formerly Sec. 1-21i). Denial of access to public records or meetings. Appeals. Notice. Orders. Civil penalty. Service of process upon commission.
Frivolous appeals. (a) Any denial of the right to inspect or copy records provided for
under section 1-210 shall be made to the person requesting such right by the public
agency official who has custody or control of the public record, in writing, within four
business days of such request, except when the request is determined to be subject to
subsections (b) and (c) of section 1-214, in which case such denial shall be made, in
writing, within ten business days of such request. Failure to comply with a request to
so inspect or copy such public record within the applicable number of business days
shall be deemed to be a denial.
(b) (1) Any person denied the right to inspect or copy records under section 1-210
or wrongfully denied the right to attend any meeting of a public agency or denied any
other right conferred by the Freedom of Information Act may appeal therefrom to the
Freedom of Information Commission, by filing a notice of appeal with said commission.
A notice of appeal shall be filed within thirty days after such denial, except in the case
of an unnoticed or secret meeting, in which case the appeal shall be filed within thirty
days after the person filing the appeal receives notice in fact that such meeting was held.
For purposes of this subsection, such notice of appeal shall be deemed to be filed on
the date it is received by said commission or on the date it is postmarked, if received
more than thirty days after the date of the denial from which such appeal is taken.
Upon receipt of such notice, the commission shall serve upon all parties, by certified
or registered mail, a copy of such notice together with any other notice or order of such
commission. In the case of the denial of a request to inspect or copy records contained
in a public employee's personnel or medical file or similar file under subsection (c) of
section 1-214, the commission shall include with its notice or order an order requiring
the public agency to notify any employee whose records are the subject of an appeal,
and the employee's collective bargaining representative, if any, of the commission's
proceedings and, if any such employee or collective bargaining representative has filed
an objection under said subsection (c), the agency shall provide the required notice to
such employee and collective bargaining representative by certified mail, return receipt
requested or by hand delivery with a signed receipt. A public employee whose personnel
or medical file or similar file is the subject of an appeal under this subsection may
intervene as a party in the proceedings on the matter before the commission. Said commission shall, after due notice to the parties, hear and decide the appeal within one
year after the filing of the notice of appeal. The commission shall adopt regulations
in accordance with chapter 54, establishing criteria for those appeals which shall be
privileged in their assignment for hearing. Any such appeal shall be heard within thirty
days after receipt of a notice of appeal and decided within sixty days after the hearing.
If a notice of appeal concerns an announced agency decision to meet in executive session
or an ongoing agency practice of meeting in executive sessions, for a stated purpose,
the commission or a member or members of the commission designated by its chairperson shall serve notice upon the parties in accordance with this section and hold a preliminary hearing on the appeal within seventy-two hours after receipt of the notice, provided
such notice shall be given to the parties at least forty-eight hours prior to such hearing.
If after the preliminary hearing the commission finds probable cause to believe that the
agency decision or practice is in violation of sections 1-200 and 1-225, the agency shall
not meet in executive session for such purpose until the commission decides the appeal.
If probable cause is found by the commission, it shall conduct a final hearing on the
appeal and render its decision within five days of the completion of the preliminary
hearing.
(2) In any appeal to the Freedom of Information Commission under subdivision (1)
of this subsection or subsection (c) of this section, the commission may confirm the
action of the agency or order the agency to provide relief that the commission, in its
discretion, believes appropriate to rectify the denial of any right conferred by the Freedom of Information Act. The commission may declare null and void any action taken
at any meeting which a person was denied the right to attend and may require the production or copying of any public record. In addition, upon the finding that a denial of any
right created by the Freedom of Information Act was without reasonable grounds and
after the custodian or other official directly responsible for the denial has been given
an opportunity to be heard at a hearing conducted in accordance with sections 4-176e
to 4-184, inclusive, the commission may, in its discretion, impose against the custodian
or other official a civil penalty of not less than twenty dollars nor more than one thousand
dollars. If the commission finds that a person has taken an appeal under this subsection
frivolously, without reasonable grounds and solely for the purpose of harassing the
agency from which the appeal has been taken, after such person has been given an
opportunity to be heard at a hearing conducted in accordance with sections 4-176e to
4-184, inclusive, the commission may, in its discretion, impose against that person a
civil penalty of not less than twenty dollars nor more than one thousand dollars. The
commission shall notify a person of a penalty levied against him pursuant to this subsection by written notice sent by certified or registered mail. If a person fails to pay the
penalty within thirty days of receiving such notice, the superior court for the judicial
district of Hartford shall, on application of the commission, issue an order requiring the
person to pay the penalty imposed. If the executive director of the commission has reason
to believe an appeal under subdivision (1) of this subsection or subsection (c) of this
section (A) presents a claim beyond the commission's jurisdiction; (B) would perpetrate
an injustice; or (C) would constitute an abuse of the commission's administrative process, the executive director shall not schedule the appeal for hearing without first seeking
and obtaining leave of the commission. The commission shall provide due notice to the
parties and review affidavits and written argument that the parties may submit and grant
or deny such leave summarily at its next regular meeting. The commission shall grant
such leave unless it finds that the appeal: (i) Does not present a claim within the commission's jurisdiction; (ii) would perpetrate an injustice; or (iii) would constitute an abuse
of the commission's administrative process. Any party aggrieved by the commission's
denial of such leave may apply to the superior court for the judicial district of Hartford,
within fifteen days of the commission meeting at which such leave was denied, for an
order requiring the commission to hear such appeal.
(3) In making the findings and determination under subdivision (2) of this subsection the commission shall consider the nature of any injustice or abuse of administrative
process, including but not limited to: (A) The nature, content, language or subject matter
of the request or the appeal; (B) the nature, content, language or subject matter of prior
or contemporaneous requests or appeals by the person making the request or taking the
appeal; and (C) the nature, content, language or subject matter of other verbal and written
communications to any agency or any official of any agency from the person making
the request or taking the appeal.
(4) Notwithstanding any provision of this subsection to the contrary, in the case of
an appeal to the commission of a denial by a public agency, the commission may, upon
motion of such agency, confirm the action of the agency and dismiss the appeal without
a hearing if it finds, after examining the notice of appeal and construing all allegations
most favorably to the appellant, that (A) the agency has not violated the Freedom of
Information Act, or (B) the agency has committed a technical violation of the Freedom
of Information Act that constitutes a harmless error that does not infringe the appellant's
rights under said act.
(c) Any person who does not receive proper notice of any meeting of a public agency
in accordance with the provisions of the Freedom of Information Act may appeal under
the provisions of subsection (b) of this section. A public agency of the state shall be
presumed to have given timely and proper notice of any meeting as provided for in said
Freedom of Information Act if notice is given in the Connecticut Law Journal or a
Legislative Bulletin. A public agency of a political subdivision shall be presumed to
have given proper notice of any meeting, if a notice is timely sent under the provisions
of said Freedom of Information Act by first-class mail to the address indicated in the
request of the person requesting the same. If such commission determines that notice
was improper, it may, in its sound discretion, declare any or all actions taken at such
meeting null and void.
(d) Any party aggrieved by the decision of said commission may appeal therefrom,
in accordance with the provisions of section 4-183. Notwithstanding the provisions of
section 4-183, in any such appeal of a decision of the commission, the court may conduct
an in camera review of the original or a certified copy of the records which are at issue
in the appeal but were not included in the record of the commission's proceedings, admit
the records into evidence and order the records to be sealed or inspected on such terms
as the court deems fair and appropriate, during the appeal. The commission shall have
standing to defend, prosecute or otherwise participate in any appeal of any of its decisions
and to take an appeal from any judicial decision overturning or modifying a decision
of the commission. If aggrievement is a jurisdictional prerequisite to the commission
taking any such appeal, the commission shall be deemed to be aggrieved. Notwithstanding the provisions of section 3-125, legal counsel employed or retained by said commission shall represent said commission in all such appeals and in any other litigation
affecting said commission. Notwithstanding the provisions of subsection (c) of section
4-183 and section 52-64, all process shall be served upon said commission at its office.
Any appeal taken pursuant to this section shall be privileged in respect to its assignment
for trial over all other actions except writs of habeas corpus and actions brought by or
on behalf of the state, including informations on the relation of private individuals.
Nothing in this section shall deprive any party of any rights he may have had at common
law prior to January 1, 1958. If the court finds that any appeal taken pursuant to this
section or section 4-183 is frivolous or taken solely for the purpose of delay, it shall
order the party responsible therefor to pay to the party injured by such frivolous or
dilatory appeal costs or attorney's fees of not more than one thousand dollars. Such
order shall be in addition to any other remedy or disciplinary action required or permitted
by statute or by rules of court.
(e) Within sixty days after the filing of a notice of appeal alleging violation of any
right conferred by the Freedom of Information Act concerning records of the Department
of Environmental Protection relating to the state's hazardous waste program under sections 22a-448 to 22a-454, inclusive, the Freedom of Information Commission shall,
after notice to the parties, hear and decide the appeal. Failure by the commission to hear
and decide the appeal within such sixty-day period shall constitute a final decision
denying such appeal for purposes of this section and section 4-183. On appeal, the court
may, in addition to any other powers conferred by law, order the disclosure of any such
records withheld in violation of the Freedom of Information Act and may assess against
the state reasonable attorney's fees and other litigation costs reasonably incurred in an
appeal in which the complainant has prevailed against the Department of Environmental
Protection.
(P.A. 75-342, S. 14; P.A. 76-435, S. 25, 82; P.A. 77-403; 77-603, S. 2, 125; 77-609, S. 6, 8; P.A. 78-331, S. 57, 58;
P.A. 81-431, S. 2, 3; P.A. 83-129, S. 1, 2; 83-587, S. 69, 96; June Sp. Sess. P.A. 83-31, S. 1, 2; P.A. 84-112, S. 2, 3; 84-
136; 84-311, S. 1, 3; P.A. 86-408, S. 1, 4; P.A. 87-285, S. 2; 87-526, S. 4; P.A. 88-230, S. 1, 12; 88-317, S. 39, 107; 88-
353, S. 2, 4; P.A. 90-98, S. 1, 2; 90-307, S. 1, 5; P.A. 92-207, S. 2; P.A. 93-142, S. 4, 7, 8; 93-191, S. 1, 4; P.A. 95-220,
S. 4—6; P.A. 97-47, S. 10—12; P.A. 00-136, S. 6.)
History: P.A. 76-435 made technical changes; P.A. 77-403 changed "person" to "party"; P.A. 77-603 required that
court appeals be made in accordance with Sec. 4-183; P.A. 77-609 changed provisions for appeals to freedom of information
commission and provided that legal counsel represent the commission in court appeals; P.A. 78-331 made technical changes,
reiterating amendments of P.A. 77-603; P.A. 81-431 added provisions in Subsec. (b) clarifying time of filing of notice of
appeal and authorizing imposition of civil penalties for unreasonable denials, added a provision in Subsec. (d) re service
of process upon the commission and deleted reference to commission's authority to impose fines for wilful and unreasonable
denials; P.A. 83-129 amended Subsec. (b) to allow the commission to penalize those who bring frivolous appeals and
amended Subsec. (d) by allowing the court to order those engaged in dilatory or frivolous appeals to pay the injured party's
costs or attorney's fees; P.A. 83-587 made technical change in Subsec. (c); June Sp. Sess. P.A. 83-31 established an
expedited hearing procedure for appeals involving executive sessions, effective July 1, 1984; P.A. 84-112 increased civil
penalty for denial of right of access to records from five hundred to one thousand dollars; P.A. 84-136 provided for extended
appeal period in the case of an unnoticed or secret meeting; P.A. 84-311 added provision re commission standing in appeals
in Subsec. (d); P.A. 86-408 changed time limit for hearing and decision on appeal to one year after filing of notice and
required that commission adopt regulations establishing criteria for privileged assignment for hearing for certain appeals
which must be decided within ninety days after filing; P.A. 87-285 amended Subsec. (b) to require notice to the employee
of any appeal to the commission regarding denial of access to his personnel or medical files, and to allow the employee
to intervene as a party in the proceedings; P.A. 87-526 amended Subsec. (d) to allow court to conduct in camera review
of records which are at issue in appeal but not included in record of commission's proceedings; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-317
amended references to Ch. 54 and Secs. 4-177 to 4-184 in Subsec. (b) to include new sections added to Ch. 54 and substituted
"subsection (c) of section 4-183" for "subsection (b) of section 4-183" in Subsec. (d), effective July 1, 1989, and applicable
to all agency proceedings commencing on or after that date; P.A. 88-353 added requirement in Subsec. (b) re notice to
collective bargaining representative; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to
September 1, 1993; P.A. 90-307, S. 1, re appeals re records of environmental protection department relating to state
hazardous waste program, was added editorially by the Revisors as Subsec. (e) in 1991; P.A. 92-207 amended Subsec. (a)
to allow ten days for the denial of the right to inspect and copy records and to require that denial be made in writing pursuant
to Subsecs. (b) and (c) of Sec. 1-20a; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 93-191 amended Subsec. (b) by adding Subdiv. designations, adding
Subdiv. (2) provision regarding appeals which present a claim beyond the commission's jurisdiction, would perpetrate an
injustice or would constitute an abuse of the commission's administrative process, adding Subdiv. (3) regarding considerations in determining injustice or abuse of administrative process, and adding Subdiv. (4) regarding dismissal without
hearing, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September
1, 1998, effective July 1, 1995; P.A. 97-47 amended Subsecs. (b), (c) and (e) by substituting "the Freedom of Information
Act" for list of sections; Sec. 1-21i transferred to Sec. 1-206 in 1999; P.A. 00-136 amended Subdiv. (b)(4) to insert Subpara.
(A) designator and to add new language as Subpara. (B) re technical violations that constitute harmless error.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Annotations to former section 1-21i:
Cited. 181 C. 324, 325. Cited. 182 C. 142, 170, 171. Cited. 184 C. 102, 104. Cited. 190 C. 235, 245. Cited. 192 C. 310,
311, 314, 315, 317. Cited. 198 C. 498, 501. Freedom of Information Act cited. 204 C. 609, 611, 612, 617, 619, 621, 623;
205 C. 767, 768, 775, 778; 206 C. 449, 452; 207 C. 698, 701. Cited. 208 C. 442—445, 448—450, 453, 454; 210 C. 590,
592; 212 C. 100—102, 105. Freedom of Information Act cited. 208 C. 442—445, 448—450, 453, 454; 209 C. 204, 208,
210; 210 C. 590, 592; Id., 646, 648, 650; 212 C. 100—102, 105; 213 C. 126, 127, 129, 130; Id., 216, 217, 219. Freedom
of Information Act (FOIA) cited. 214 C. 312, 313, 315. Freedom of Information Act (FOIA) cited. 216 C. 253, 258, 260,
265—268. FOIA, Freedom of Information Act, cited. 217 C. 153, 156, 160. Freedom of Information Act (FOIA) cited.
Id., 193—201. Cited. 218 C. 256, 260, 261. Freedom of Information Act cited. Id. Freedom of Information Act (FOIA)
Sec. 1-18a et seq. cited. Id., 757—761; 220 C. 225, 226, 235, 255, 259, 260, 262. Freedom of Information Act (FOIA)
cited. 221 C. 217, 218, 222, 224, 225, 228, 232, 233, 235 Cited. Id., 300, 301, 303—308, 314. Freedom of Information
Act (FOIA) cited. Id.; Id., 393—395, 398, 399, 401. Freedom of Information Act cited. Id., 482, 485; Id., 549, 577, 578.
Freedom of Information Act (FOIA) cited. 222 C. 621, 626, 627, 630. Freedom of Information Act (FOIA) cited. 228 C.
158, 160, 163—168, 170, 172—174, 177. Freedom of Information Act cited. Id., 271, 272, 275—277, 279. Cited. 240 C. 835.
Cited. 2 CA 600, 601, 603. Cited. 4 CA 216, 219. Freedom of Information Act cited. Id., 468, 469, 472, 479, 484; 14
CA 380, 382, 383; judgment reversed, see 210 C. 646, 648, 649. Board of pardons not an aggrieved party. Id. Freedom of
Information Act cited. 16 CA 49—53; 19 CA 352, 353, 355; Id., 539, 540, 542, 544; 20 CA 671, 674, 675. Freedom of
Information Act (FOIA) cited. 22 CA 316—320. Freedom of Information Act (FOIA) cited. 29 CA 821, 822, 824. Freedom
of Information Act (FOIA) cited. 35 CA 111, 113, 115—119. Freedom of Information Act (FOIA) Sec. 1-15 et seq. cited.
37 CA 589, 610. Freedom of Information Act, Sec. 1-15 et seq. cited. 42 CA 402. Cited. Id., 700; judgment reversed, see
240 C. 835 et seq. Freedom of Information Act cited. 43 CA 133.
Freedom of Information Act cited. 41 CS 31, 37, 39—41, 48; Id., 267, 270; 42 CS 84, 88, 90; Id., 129, 138, 140; Id.,
291, 293—295.
Subsec. (a):
Cited. 204 C. 609, 611. Cited. 208 C. 442, 444, 445. Cited. 218 C. 256, 259, 261, 262.
Subsec. (b):
Cited. 181 C. 324, 326. Cited. 182 C. 138, 141. Time requirements are mandatory. 198 C. 498, 499, 501, 503—505.
Time limits mandatory. 199 C. 451, 452. Cited. 201 C. 421—428. Cited. Id., 448, 453, 454. Cited. 204 C. 609, 614. Cited.
205 C. 767, 769. Where successive requests made for records are denied, appeals may be made within thirty days of any
denial. 208 C. 442, 444, 445, 449—451. Cited. 209 C. 204, 207. "... affords a right to appeal to the FOIC any denial,
whether written or statutory, of a request for disclosure of public records." 218 C. 256, 258—262. Cited. 221 C. 217, 221,
222, 224. Subdiv. (1) cited. 233 C. 28, 32, 44. Subdiv. (2) cited. Id., 28, 35. Cited. 234 C. 704, 706. Subdiv. (1) cited. 240
C. 1.
Cited. 2 CA 600, 603, 604. Cited. 16 CA 49, 52. Cited. 35 CA 111, 114. Cited. 42 CA 700; judgment reversed, see 240
C. 835 et seq. Subdiv. (2): Fines were valid when ordered after plaintiff refused to disclose records as ordered. 54 CA 373.
Commission must ensure that employee whose records are the subject of an appeal has received notice of proceedings
where the employer has failed to give required notice. 60 CA 584. Order of disclosure may not be issued until employee
whose records are the subject of an appeal has been given proper notice and opportunity for a hearing to assert the personal
privacy exemption. Id.
Failure of commission to hold a hearing and issue a decision on complaint within time periods prescribed by this
subsection did not void its jurisdiction, those time limits being directory, not mandatory. 36 CS 117, 120. Cited. 39 CS
56, 62. A finding that commission violated the law is equivalent to a finding that commission individually and collectively
violated the law and therefore were the individuals "directly responsible for such denial". 40 CS 233—235.
Subsec. (c):
An appeal to superior court under this statute is the route to test whether Freedom of Information Commission acted
erroneously in failing to order a public hearing. 2 CA 600, 604.
Subsec. (d):
Cited. 174 C. 308, 310, 312, 313. Cited. 177 C. 584; 181 C. 324, 326. Cited. 198 C. 498, 500, 501. Cited. 201 C. 421,
423. Cited. 204 C. 609, 619. Cited. 205 C. 767, 771. Cited. 210 C. 590, 593. Board of pardons v. FOIC, 14 CA 380,
judgment reversed on issue of aggrievement. Id., 646, 648, 649. Cited. 213 C. 126, 131; Id., 216, 219. Cited. 217 C. 153,
158. Cited. 218 C. 256, 258; Id., 335, 344. Party status not necessary to standing for appeal of FOIC decision, only
aggrievement by the decision must be shown. 221 C. 217, 219, 222—224, 226—231. Cited. Id., 300, 307, 308. Cited. 222
C. 621, 623. Cited. 227 C. 848, 851. Cited. 234 C. 624, 643—646. Cited. 240 C. 1. Cited. Id., 824. Cited. 242 C. 79.
Plaintiff as intervenor, not party, without standing to appeal pursuant to section. 13 CA 315, 319. Cited. 14 CA 380,
382; judgment reversed, see 210 C. 646, 648, 649. Cited. 19 CA 489, 491, 492. Cited. 36 CA 155. Cited. 41 CA 641, 646;
judgment reversed, see 240 C. 824 et seq. Cited. 42 CA 39; judgment reversed, see 241 C. 310 et seq.
Cited. 35 CS 186, 187, 190, 192. Cited. 39 CS 176, 177. Cited. Id., 257, 258. Cited. 41 CS 267, 268. Cited. 42 CS 84;
Id., 129, 130; Id., 291, 301. Cited. 43 CS 246—248. Cited. 44 CS 230.
Annotations to present section:
Subsec. (b):
Subdiv. (2): Fines were valid when ordered after plaintiff refused to disclose records as ordered. 54 CA 373. Commission
must ensure that employee whose records are the subject of an appeal has received notice of proceedings where the employer
has failed to give required notice. 60 CA 584. Order of disclosure may not be issued until employee whose records are the
subject of an appeal has been given proper notice and opportunity for a hearing to assert the personal privacy exemption. Id.
Reserved for future use.
(a)
Except as otherwise provided by any federal law or state statute, all records maintained or
kept on file by any public agency, whether or not such records are required by any law
or by any rule or regulation, shall be public records and every person shall have the right
to (1) inspect such records promptly during regular office or business hours, (2) copy
such records in accordance with subsection (g) of section 1-212, or (3) receive a copy
of such records in accordance with section 1-212. Any agency rule or regulation, or part
thereof, that conflicts with the provisions of this subsection or diminishes or curtails in
any way the rights granted by this subsection shall be void. Each such agency shall keep
and maintain all public records in its custody at its regular office or place of business
in an accessible place and, if there is no such office or place of business, the public
records pertaining to such agency shall be kept in the office of the clerk of the political
subdivision in which such public agency is located or of the Secretary of the State, as
the case may be. Any certified record hereunder attested as a true copy by the clerk,
chief or deputy of such agency or by such other person designated or empowered by
law to so act, shall be competent evidence in any court of this state of the facts contained
therein. Each such agency shall make, keep and maintain a record of the proceedings
of its meetings.
(b) Nothing in the Freedom of Information Act shall be construed to require disclosure of:
(1) Preliminary drafts or notes provided the public agency has determined that the
public interest in withholding such documents clearly outweighs the public interest in
disclosure;
(2) Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy;
(3) Records of law enforcement agencies not otherwise available to the public which
records were compiled in connection with the detection or investigation of crime, if the
disclosure of said records would not be in the public interest because it would result in
the disclosure of (A) the identity of informants not otherwise known or the identity of
witnesses not otherwise known whose safety would be endangered or who would be
subject to threat or intimidation if their identity was made known, (B) signed statements
of witnesses, (C) information to be used in a prospective law enforcement action if
prejudicial to such action, (D) investigatory techniques not otherwise known to the
general public, (E) arrest records of a juvenile, which shall also include any investigatory
files, concerning the arrest of such juvenile, compiled for law enforcement purposes,
(F) the name and address of the victim of a sexual assault under section 53a-70, 53a-
70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, or injury or risk of injury, or impairing of
morals under section 53-21, or of an attempt thereof, or (G) uncorroborated allegations
subject to destruction pursuant to section 1-216;
(4) Records pertaining to strategy and negotiations with respect to pending claims
or pending litigation to which the public agency is a party until such litigation or claim
has been finally adjudicated or otherwise settled;
(5) (A) Trade secrets, which for purposes of the Freedom of Information Act, are
defined as information, including formulas, patterns, compilations, programs, devices,
methods, techniques, processes, drawings, cost data, or customer lists that (i) derive
independent economic value, actual or potential, from not being generally known to,
and not being readily ascertainable by proper means by, other persons who can obtain
economic value from their disclosure or use, and (ii) are the subject of efforts that are
reasonable under the circumstances to maintain secrecy; and
(B) Commercial or financial information given in confidence, not required by
statute;
(6) Test questions, scoring keys and other examination data used to administer a
licensing examination, examination for employment or academic examinations;
(7) The contents of real estate appraisals, engineering or feasibility estimates and
evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has
been acquired or all proceedings or transactions have been terminated or abandoned,
provided the law of eminent domain shall not be affected by this provision;
(8) Statements of personal worth or personal financial data required by a licensing
agency and filed by an applicant with such licensing agency to establish the applicant's
personal qualification for the license, certificate or permit applied for;
(9) Records, reports and statements of strategy or negotiations with respect to collective bargaining;
(10) Records, tax returns, reports and statements exempted by federal law or state
statutes or communications privileged by the attorney-client relationship;
(11) Names or addresses of students enrolled in any public school or college without
the consent of each student whose name or address is to be disclosed who is eighteen
years of age or older and a parent or guardian of each such student who is younger than
eighteen years of age, provided this subdivision shall not be construed as prohibiting
the disclosure of the names or addresses of students enrolled in any public school in a
regional school district to the board of selectmen or town board of finance, as the case
may be, of the town wherein the student resides for the purpose of verifying tuition
payments made to such school;
(12) Any information obtained by the use of illegal means;
(13) Records of an investigation or the name of an employee providing information
under the provisions of section 4-61dd;
(14) Adoption records and information provided for in sections 45a-746, 45a-750
and 45a-751;
(15) Any page of a primary petition, nominating petition, referendum petition or
petition for a town meeting submitted under any provision of the general statutes or
of any special act, municipal charter or ordinance, until the required processing and
certification of such page has been completed by the official or officials charged with
such duty after which time disclosure of such page shall be required;
(16) Records of complaints, including information compiled in the investigation
thereof, brought to a municipal health authority pursuant to chapter 368e or a district
department of health pursuant to chapter 368f, until such time as the investigation is
concluded or thirty days from the date of receipt of the complaint, whichever occurs first;
(17) Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g;
(18) Records, the disclosure of which the Commissioner of Correction, or as it
applies to Whiting Forensic Division facilities of the Connecticut Valley Hospital, the
Commissioner of Mental Health and Addiction Services, has reasonable grounds to
believe may result in a safety risk, including the risk of harm to any person or the
risk of an escape from, or a disorder in, a correctional institution or facility under the
supervision of the Department of Correction or Whiting Forensic Division facilities.
Such records shall include, but are not limited to:
(A) Security manuals, including emergency plans contained or referred to in such
security manuals;
(B) Engineering and architectural drawings of correctional institutions or facilities
or Whiting Forensic Division facilities;
(C) Operational specifications of security systems utilized by the Department of
Correction at any correctional institution or facility or Whiting Forensic Division facilities, except that a general description of any such security system and the cost and quality
of such system may be disclosed;
(D) Training manuals prepared for correctional institutions and facilities or Whiting
Forensic Division facilities that describe, in any manner, security procedures, emergency plans or security equipment;
(E) Internal security audits of correctional institutions and facilities or Whiting Forensic Division facilities;
(F) Minutes or recordings of staff meetings of the Department of Correction or
Whiting Forensic Division facilities, or portions of such minutes or recordings, that
contain or reveal information relating to security or other records otherwise exempt
from disclosure under this subdivision;
(G) Logs or other documents that contain information on the movement or assignment of inmates or staff at correctional institutions or facilities; and
(H) Records that contain information on contacts between inmates, as defined in
section 18-84, and law enforcement officers;
(19) Records when there are reasonable grounds to believe disclosure may result
in a safety risk, including the risk of harm to any person, any government-owned or
leased institution or facility or any fixture or appurtenance and equipment attached to,
or contained in, such institution or facility, except that such records shall be disclosed
to a law enforcement agency upon the request of the law enforcement agency. Such
reasonable grounds shall be determined (A) with respect to records concerning any
executive branch agency of the state or any municipal, district or regional agency, by
the Commissioner of Public Works, after consultation with the chief executive officer
of the agency; (B) with respect to records concerning Judicial Department facilities, by
the Chief Court Administrator; and (C) with respect to records concerning the Legislative Department, by the executive director of the Joint Committee on Legislative Management. As used in this section, "government-owned or leased institution or facility"
includes, but is not limited to, an institution or facility owned or leased by a public
service company, as defined in section 16-1, a certified telecommunications provider,
as defined in section 16-1, or a municipal utility that furnishes electric, gas or water
service, but does not include an institution or facility owned or leased by the federal
government, and "chief executive officer" includes, but is not limited to, an agency head,
department head, executive director or chief executive officer. Such records include, but
are not limited to:
(i) Security manuals or reports;
(ii) Engineering and architectural drawings of government-owned or leased institutions or facilities;
(iii) Operational specifications of security systems utilized at any government-
owned or leased institution or facility, except that a general description of any such
security system and the cost and quality of such system, may be disclosed;
(iv) Training manuals prepared for government-owned or leased institutions or
facilities that describe, in any manner, security procedures, emergency plans or security
equipment;
(v) Internal security audits of government-owned or leased institutions or facilities;
(vi) Minutes or records of meetings, or portions of such minutes or records, that
contain or reveal information relating to security or other records otherwise exempt
from disclosure under this subdivision;
(vii) Logs or other documents that contain information on the movement or assignment of security personnel at government-owned or leased institutions or facilities; and
(viii) Emergency plans and emergency recovery or response plans;
(20) Records of standards, procedures, processes, software and codes, not otherwise
available to the public, the disclosure of which would compromise the security or integrity of an information technology system.
(c) Whenever a public agency receives a request from any person confined in a
correctional institution or facility or a Whiting Forensic Division facility, for disclosure
of any public record under the Freedom of Information Act, the public agency shall
promptly notify the Commissioner of Correction or the Commissioner of Mental Health
and Addiction Services in the case of a person confined in a Whiting Forensic Division
facility of such request, in the manner prescribed by the commissioner, before complying
with the request as required by the Freedom of Information Act. If the commissioner
believes the requested record is exempt from disclosure pursuant to subdivision (18) of
subsection (b) of this section, the commissioner may withhold such record from such
person when the record is delivered to the person's correctional institution or facility
or Whiting Forensic Division facility.
(d) Whenever a public agency, except the Judicial Department or Legislative Department, receives a request from any person for disclosure of any records described in
subdivision (19) of subsection (b) of this section under the Freedom of Information Act,
the public agency shall promptly notify the Commissioner of Public Works of such
request, in the manner prescribed by the commissioner, before complying with the request as required by the Freedom of Information Act. If the commissioner, after consultation with the chief executive officer of the applicable agency, believes the requested
record is exempt from disclosure pursuant to subdivision (19) of subsection (b) of this
section, the commissioner may direct the agency to withhold such record from such
person. In any appeal brought under the provisions of section 1-206 of the Freedom
of Information Act for denial of access to records for any of the reasons described
in subdivision (19) of subsection (b) of this section, such appeal shall be against the
Commissioner of Public Works, exclusively, or, in the case of records concerning Judicial Department facilities, the Chief Court Administrator or, in the case of records concerning the Legislative Department, the executive director of the Joint Committee on
Legislative Management.
(e) Notwithstanding the provisions of subdivisions (1) and (16) of subsection (b)
of this section, disclosure shall be required of:
(1) Interagency or intra-agency memoranda or letters, advisory opinions, recommendations or any report comprising part of the process by which governmental decisions and policies are formulated, except disclosure shall not be required of a preliminary
draft of a memorandum, prepared by a member of the staff of a public agency, which
is subject to revision prior to submission to or discussion among the members of such
agency;
(2) All records of investigation conducted with respect to any tenement house, lodging house or boarding house as defined in section 19a-355, or any nursing home, residential care home or rest home, as defined in section 19a-490, by any municipal building
department or housing code inspection department, any local or district health department, or any other department charged with the enforcement of ordinances or laws
regulating the erection, construction, alteration, maintenance, sanitation, ventilation or
occupancy of such buildings; and
(3) The names of firms obtaining bid documents from any state agency.
(1957, P.A. 428, S. 1; 1963, P.A. 260; 1967, P.A. 723, S. 1; 1969, P.A. 193; 1971, P.A. 193; P.A. 75-342, S. 2; P.A.
76-294; P.A. 77-609, S. 2, 8; P.A. 79-119; 79-324; 79-575, S. 2, 4; 79-599, S. 3; P.A. 80-483, S. 1, 186; P.A. 81-40, S. 2;
81-431, S. 1; 81-448, S. 2; P.A. 83-436; P.A. 84-112, S. 1; 84-311, S. 2, 3; P.A. 85-577, S. 22; P.A. 90-335, S. 1; P.A. 91-
140, S. 2, 3; P.A. 94-246, S. 14; P.A. 95-233; P.A. 96-130, S. 37; P.A. 97-47, S. 4; 97-112, S. 2; 97-293, S. 14, 26; P.A.
99-156, S. 1; P.A. 00-66, S. 5; 00-69, S. 3, 4; 00-134, S. 1; 00-136, S. 2; June Sp. Sess. P.A. 00-1, S. 20, 46; P.A. 01-26,
S. 1; P.A. 02-133, S. 1, 2; 02-137, S. 2.)
History: 1963 act required that public records be kept in accessible place at regular office and at office of town clerk
or secretary of the state if no regular office exists; 1967 act excluded certain records from definition of "public record" for
disclosure purposes and required public agencies to keep records of proceedings; 1969 act provided that certified copies
would be admitted as evidence in court proceedings; 1971 act required disclosure of records of investigations re tenement,
lodging or boarding houses; P.A. 75-342 changed "town clerk" to "clerk of any political subdivision," rewrote provisions
regarding exclusion of certain records from consideration as public records for disclosure purposes and specifically required
disclosure of records of investigations re nursing or rest homes or homes for the aged; P.A. 76-294 clarified meaning of
"arrest records of a juvenile"; P.A. 77-609 prohibited requiring disclosure of names and addresses of public school or
college students; P.A. 79-119 replaced provision in Subsec. (a) which had allowed inspection or copying of records at
reasonable time determined by their custodian with provision allowing inspection during office or business hours and
copying as provided in Sec. 1-15; P.A. 79-324 clarified Subsec. (c); P.A. 79-575 provided exception to disclosure of
students' names and addresses for use by towns in verifying tuition payments and prohibited requiring disclosure of
information obtained illegally; P.A. 79-599 prohibited requiring disclosure of records or name of state employee providing
information for "whistle blowing" investigation; P.A. 80-483 made technical changes; P.A. 81-40 amended Subsec. (b)
to exclude adoption records and information provided for in Secs. 45-68e and 45-68i from disclosure requirements; P.A.
81-431 amended Subsec. (c) to specifically require disclosure of memoranda and other documents which constitute part
of the process by which governmental decisions and policies are formulated with a limited exception for preliminary drafts
of memoranda, rather than of "all records of investigation..." as previously provided; P.A. 81-448 protected from disclosure
name and address of victim of sexual assault, injury or risk of injury or impairing or attempting to impair morals; P.A. 83-
436 amended Subsec. (c) to require disclosure of names of firms obtaining bid documents from any state agency; P.A. 84-
112 amended Subsec. (a) to provide that agency rules or regulations that conflict with that subsection or diminish rights
granted by that subsection are void; P.A. 84-311 amended disclosure exemption for trade secrets in Subsec. (b) by eliminating limitation to information obtained from the public; P.A. 85-577 added Subdiv. (15) of Subsec. (b) regarding pages of
a primary petition, a nominating petition, a referendum petition or a petition for a town meeting; P.A. 90-335 amended
Subsec. (b) by adding Subdiv. (3)(F) re uncorroborated allegations subject to destruction pursuant to Sec. 1-20; P.A. 91-
140 substituted "pending claims or pending litigation" for "pending claims and litigation" in Subsec. (b); P.A. 94-246
amended Subdiv. (3) of Subsec. (b) to add provision in Subpara. (A) re disclosure of "the identity of witnesses not otherwise
known whose safety would be endangered or who would be subject to threat or intimidation if their identity was made
known" and insert a new Subpara. (B) re disclosure of "signed statements of witnesses", relettering the remaining Subparas.
accordingly; P.A. 95-233 amended Subsec. (b) by adding Subdiv. (16) re records of municipal health authorities and district
departments of health complaints; P.A. 96-130 amended Subsec. (b)(14) by adding reference to Sec. 45a-751; P.A. 97-47
amended Subsec. (b) by substituting "the Freedom of Information Act" for list of sections; P.A. 97-112 substituted "residential care home" for "home for the aged" in Subsec. (c); P.A. 97-293 amended Subsec. (b) to add Subdiv. (17) re educational
records, effective July 1, 1997; Sec. 1-19 transferred to Sec. 1-210 in 1999; P.A. 99-156 amended Subsec. (b) by adding
Subdiv. (18) re records that Commissioner of Correction believes may result in safety risk if disclosed and added new
Subsec. (c) re requests for disclosure by persons confined in correctional institutions or facilities, relettering former Subsec.
(c) as Subsec. (d); P.A. 00-66 made a technical change in Subsec. (b)(18); P.A. 00-69 amended Subsec. (b) to add new
Subdiv. (19) re certain records that may result in a safety risk, inserted new Subsec. (d) re requests under Subdiv. (b)(19)
made to a public agency other than the Judicial Department, and redesignated former Subsec. (d) as Subsec. (e), effective
May 16, 2000; P.A. 00-134 amended Subsec. (b)(8) to substitute "the applicant's" for "his" and to add new Subdiv. (20)
re records not otherwise available to the public, the disclosure of which would compromise the security or integrity of an
information technology system; P.A. 00-136 redefined trade secrets in Subsec. (b)(5) and added Subpara. and clause
designators in Subsec. (b)(5); June Sp. Sess. P.A. 00-1 amended Subsec. (b)(18) and Subsec. (c) to add references to
Whiting Forensic Division facilities of Connecticut Valley Hospital and to Commissioner of Mental Health and Addiction
Services, effective June 21, 2000; P.A. 01-26 made a technical change in Subsec. (b)(5)(A)(i); P.A. 02-133 amended
Subsec. (b)(19) to provide that records be disclosed to a law enforcement agency upon request, substitute "government-
owned" for "state-owned" re facilities, provide that reasonable grounds shall be determined by the Commissioner of Public
Works after consultation with the chief executive officer of the agency, the Chief Court Administrator or the executive
director of the Joint Committee on Legislative Management, insert new Subpara. designators "(A)" to "(C)", define "government-owned or leased institution or facility" and "chief executive officer", substitute "records include" for "records shall
include" and "records" for "recordings", substitute clause designators "(i)" to "(vii)" for Subpara. designators "(A)" to
"(G)", respectively, delete reference to emergency plans in clause (i) and add new clause (viii) re emergency plans and
emergency recovery or response plans and amended Subsec. (d) to add provisions re the Legislative Department and to
add "after consultation with the chief executive officer of the applicable agency" re the determination by the Commissioner
of Public Works that a requested record is exempt from disclosure; P.A. 02-137 amended Subsec. (a) to designate existing
provisions re right to inspect and receive copy as Subdivs. (1) and (3), add Subdiv. (2) re copying of records in accordance
with Sec. 1-212(g), and delete "the provisions of" in Subdiv. (3).
See Sec. 10-151c re records of teacher performance and evaluation not public records.
See Sec. 10a-154a re performance and evaluation records of faculty and professional staff members of the constituent
units of the state system of higher education not public records.
See Sec. 11-25(b) re confidentiality of public library circulation records.
See Sec. 16a-14 re exemption for certain commercial and financial information.
See Secs. 52-165, 52-166, 52-167 re copies of records.
Annotations to former section 1-19:
Cited. 174 C. 308, 310. Cited. 176 C. 622, 623, 627. Statute provides for exceptions under federal and state statutes.
178 C. 700—703. Cited. 181 C. 324—326. Sales tax delinquent lists are public records not exempt from disclosure under
statute. 184 C. 102, 104. Cited. 190 C. 235, 245. Cited. 192 C. 166, 178; Id., 310, 311, 314, 315, 317. Cited. 201 C. 421,
429, 430, 432. Autopsy reports are not records accessible to general public under this section; judgment of appellate court
reversed. Id., 448, 452, 454, 455, 458, 459, 461. Freedom of Information Act cited. 204 C. 609, 611—613, 616, 617, 619,
621, 623; 205 C. 767, 768, 775, 778; 206 C. 449, 452; 207 C. 698, 700, 701. Cited. 208 C. 442—445, 448—450, 453, 454;
209 C. 204, 206—208, 210; 210 C. 590—593 (see 217 C. 193 et seq., which overruled Board of Education v. Freedom of
Information Commission (210 C. 590 et seq.) to the extent that it required a balancing test for the interpretation of the
exemptions contained in Sec. 1-19(b)(2)); 212 C. 100—102, 105. Freedom of Information Act cited. 208 C. 442—445,
448—450, 453, 454; 209 C. 204, 206—208, 210; 210 C. 590—593 (see 217 C. 193 et seq., which overruled Board of
Education v. Freedom of Information Commission (210 C. 590 et seq.) to the extent that it required a balancing test for
the interpretation of the exemptions contained in Sec. 1-19(b)(2)); Id., 646, 648, 650; 212 C. 100—102, 105; 213 C. 126,
127, 129, 130; Id., 216, 217, 219. Freedom of Information Act (FOIA) cited. 214 C. 312, 313, 315. Cited. 216 C. 253, 258,
260, 265—268. Freedom of Information Act (FOIA) cited. Id. FOIA, Freedom of Information Act, cited. 217 C. 153, 156,
160. Freedom of Information Act (FOIA) cited. Id., 193—201. Cited. Id., 322, 328. Freedom of Information Act cited.
218 C. 256, 260, 261. Freedom of Information Act (FOIA), Sec. 1-18a et seq. cited. Id., C. 757—761; 220 C. 225, 226,
235, 255, 259, 260, 262. Freedom of Information Act (FOIA) cited. 221 C. 217, 218, 222, 224, 225, 228, 232, 233, 235;
Id., 300, 301, 303—308, 314. Cited. 22 C. 393—395, 398, 399, 401. Freedom of Information Act (FOIA) cited. Id. Freedom
of Information Act cited. Id., 482, 485. Cited. Id., 549, 550, 577, 578. Freedom of Information Act cited. Id. Freedom of
Information Act (FOIA) cited. 222 C. 621, 626, 627, 630. Cited. 227 C. 641, 653. Cited. Id., 751, 765. Freedom of
Information Act (FOIA) cited. 228 C. 158, 160, 163—168, 170, 172—174, 177. Cited. Id., 271, 272, 275—277, 279.
Freedom of Information Act cited. Id. Cited. 233 C. 28, 29. Cited. 240 C. 1.
Cited. 1 CA 384, 395. Freedom of Information Act cited. 4 CA 468, 469, 472, 473, 475, 479, 482, 484. Cited. 8 CA
216, 238. Freedom of Information Act cited. 14 CA 380, 382, 383; judgment reversed, see 210 C. 646, 648, 649. Freedom
of Information Act cited. 16 CA 49—53. Cited. 18 CA 212, 213, 217. Freedom of Information Act cited. 19 CA 539—
541, 544; Id., 352, 353, 355; 20 CA 671, 674, 675. Freedom of Information Act (FOIA) cited. 22 CA 316—320. Freedom
of Information Act (FOIA) cited. 29 CA 821, 822, 824. Cited. 31 CA 178, 198. Freedom of Information Act (FOIA) cited.
35 CA 111, 113, 115—119. Cited. 36 CA 155, 157. Freedom of Information Act (FOIA) Sec. 1-15 et seq. cited. 37 CA
589, 610. Freedom of Information Act, Sec. 1-15 et seq. cited. 42 CA 402. Freedom of Information Act cited. 43 CA 133.
Statute requires evidentiary showing that the records sought are to be used in a law enforcement action and that disclosing
such records would be prejudicial to the law enforcement action. 51 CA 100. Order that documents be disclosed under
section was proper. 54 CA 373. A record request that is simply burdensome does not make that request one requiring
research. 56 CA 683. Review of records to determine if one is exempt from disclosure does not constitute research. Id.
Cited. 31 CS 392. Construed as permitting public access to raw real estate assessment data. 32 CS 583. Document need
not be connected with an official or completed transaction to be a public record. 32 CS 588. Cited. 38 CS 675, 679. Cited.
39 CS 176, 180. Freedom of Information Act cited. 41 CS 31, 37, 39—41, 48; Id., 267, 270. Freedom of Information Act
cited. 42 CS 84, 86, 88; Cited. Id., 129, 138—141. Freedom of Information Act cited. Id. Cited. Id., 291, 293—295. Freedom
of Information Act cited. Id. Cited. 43 CS 246, 247.
Presumed legislature, by insertion of exception clause, intended to exclude from operation of statute exclusive power
over admission to bar vested in superior court by section 51-80. 4 Conn. Cir. Ct. 313, 321. State's right to inspect records
relating to building permits cannot be defeated by city ordinance. 4 Conn. Cir. Ct. 511, 513, 515. Section construed broadly
in conjunction with statutes creating state boards of registration for professional engineers and architects. Id. Medical files
public record, when. 6 Conn. Cir. Ct. 633.
Subsec. (a):
Cited. 181 C. 324, 329. Woodstock Academy deemed a "public agency" within meaning of statute. 181 C. 544, 545,
549. Cited. 201 C. 421, 430; Id., 448, 449, 452, 454—456. Disclosure requirements do not apply to information that may
be released under Sec. 29-170. 204 C. 609, 610, 618, 619, 621, 622. Cited. 205 C. 767, 769, 770. Cited. 207 C. 698, 701.
Cited. 208 C. 442, 446, 447, 453. Cited. 211 C. 339, 342, 347. Cited. 213 C. 126, 131. Secs. 5-225 and 5-237 provide
exceptions to this section. 214 C. 312, 313, 316, 317, 319—321. Cited. 216 C. 253, 265, 266. Cited. 217 C. 322, 325, 327.
Cited. 219 C. 685, 691. Cited. 221 C. 300—303, 306, 314. Cited. Id., 393, 395. Cited. 222 C. 98, 105. Cited. 227 C. 641,
643, 648, 649, 653, 654, 659, 662. Cited. 228 C. 158, 159, 165. Cited. 240 C. 1. Cited. 241 C. 310.
Cited. 4 CA 468, 470, 472, 473, 476, 479, 480, 484. General disclosure requirement of Sec. 1-19(a) does not prevail
over specific limitation of disclosure obligations under Sec. 1-83. 18 CA 212, 215, 218. Cited. Id., 291, 294. Cited. 22 CA
316, 320. Cited. 29 CA 821, 832. Cited. 35 CA 384, 388. Cited. 39 CA 154, 157. Cited. 41 CA 67—69, 71, 75. Cited. 44
CA 611. Cited. Id., 622. Cited. 45 CA 413.
Cited. 42 CS 129, 130, 139, 141—144. Cited. Id., 291, 293, 295, 296, 299.
Subsec. (b):
Cited. 181 C. 324, 328, 331. Cited. 182 C. 142, 170, 172. Cited. 190 C. 235, 245. Subdiv. (1): Term "preliminary drafts
or notes" relates to advisory opinions, recommendations and deliberations comprising part of process by which government
decisions and policies are formulated; they reflect that aspect of the agency's function that precedes formal and informal
decision making. 181 C. 324, 327, 329—333, 339. Cited. 190 C. 235, 245. Subdiv. (2): Cited. 182 C. 142, 170. Cited. 190
C. 235, 245. Subdiv. (3): Cited. 186 C. 153, 157. Cited. 192 C. 310, 316, 317. Subdiv. (3): Cited. 197 C. 698, 708. Subdiv.
(10): Cited. 198 C. 498, 500. Cited. 201 C. 448, 460. Subdiv. (1): Cited. Id. Subdiv. (2): Cited. Id., 421, 422, 424, 430—
435; Id., 448, 452, 460, 461. Subdiv. (3)(B): Cited. 204 C. 609, 613. Subdiv. (4): Commission's order of disclosure proper
after city failed to establish on record that information falls within exemption. 205 C. 767, 768, 770, 772—774, 777.
Subdiv. (10): Cited. Id., 767, 770. Subdiv. (2): Cited. 210 C. 590, 592—595 (see 217 C. 193 et seq., which overruled Board
of Education v. Freedom of Information Commission (210 C. 590 et seq.) to the extent that it required a balancing test for
the interpretation of the exemptions contained in this Subdiv.). Subdiv. (1): Cited. 211 C. 339—342, 344—346. Subdiv.
(2): Cited. 214 C. 312, 318, 321. Cited. 216 C. 253, 256. Subdiv. (10) cited. 217 C. 153, 156, 163. Subdiv. (1) cited. Id.,
193, 200. Subdiv. (2): Ruling in Board of Education v. Freedom of Information Commission (210 C. 590 et seq.) overruled
to the extent that it required a balancing test for the interpretation of the exemptions contained in this Subdiv. 217 C. 193—
197, 200—202. Subdiv. (11): Permits withholding of names of employees whose student status is a condition of their
employment. Id., 322—325, 327, 329. Subdiv. (2): Section purports to protect an individual's personal privacy; retirees
should be afforded opportunity to show a reasonable expectation of privacy in their addresses. 218 C. 256—259, 262, 263,
265; Subdiv. (2) does not prevent disclosure of substance of public agency vote on motion concerning personnel matter.
221 C. 217, 221, 222, 234, 235. Subdiv. (4) cited. Id., 300, 304. Subdiv. (3) cited. 300, 304, 313. Subdiv. (2) cited. Id.,
393, 395, 396, 398, 400; Id., 482, 485; Id., 549, 578. Subdiv. (2): Municipal permits to carry pistols or revolvers in public
are not "similar" files entitled to exemption from disclosure under this section. 222 C. 621, 622, 625—630. Subdiv. (2)
cited. 224 C. 325, 335. Subdiv. (3)(E) cited. 226 C. 618, 621. Subdiv. (3)(B) cited. 227 C. 641, 644, 650. Subdiv. (4) cited.
Id., 641, 644, 650. Cited. Id., 641, 644, 653, 655. Subdiv. (3)(A) cited. Id., 641, 650. Subdiv. (3) cited. Id., 641, 654. Subdiv.
(2) cited. Id., 751, 761, 764—766. Subdiv. (2): Records request under FOIA for disclosure of numerical data concerning
employees' attendance records including sick leave does not constitute invasion of personal privacy within meaning of
the statute. 228 C. 158—160, 162, 163, 167, 168, 172—175, 177. Subdiv. (2) cited. Id., 271, 272, 275, 277—280. Subdiv.
(2) cited. 233 C. 28, 29, 33, 34, 36—38, 40—43. Subdiv. (1) cited. Id., 28, 37. Subdiv. (9) cited. 234 C. 704, 714. Subdiv.
(4): Section applicable to bar disclosure of the report in question; judgment of appellate court in Stamford v. Freedom of
Information Commission, 42 CA 39 et seq. reversed. 241 C. 310. Subdiv. (2) cited. 242 C. 79. Subdiv. (1): Unfinished
report by attorney hired by municipality, as well as interview summaries and affidavits created solely to serve as supporting
documentation for that report, constituted "preliminary drafts or notes". 245 C. 149. Subdiv. (10): Documents prepared
by attorney hired by a public agency are protected from disclosure as privileged attorney-client communications if certain
conditions are met. Id.
Subdiv. (4): Cited. 4 CA 216, 218, 220. Subdiv. (10): Cited. Id., 216, 218, 219. Subdiv. (1): Cited. Id., 468, 470, 471,
480. Subdiv. (2): Cited. Id., 468, 470, 471, 480—482. Subdiv. (3): Autopsy report was not exempt from disclosure under
this statute. Id., 468, 470, 472, 480, 483, 484. Cited. 4 CA 468, 472, 481, 483. Subdiv. (2): Cited. 14 CA 380, 382; judgment
reversed, see 210 C. 646, 648, 649. Cited. 19 CA 489, 491. Subdiv. (5): Cited. Id., 489, 491. Cited. Id., 539, 541, 545.
Subdiv. (2): Shield of confidentiality protects records of prisoner applicants for pardons. Id., 539, 541, 542, 544, 546, 547.
Subdiv. (10): Cited. 671, 674. Subdiv. (2) cited. 23 CA 479, 484, 486. Subdiv. (2) cited. 31 CA 178, 198. Subdiv. (9) cited.
35 CA 384—389, 391. Cited. Id., 384, 389. Subdiv. (2) cited. 39 CA 154, 155, 158—161. Subdiv. (7) cited. 41 CA 67—
69, 71—74. Cited. Id., 649, 655. Subdiv. (4) cited. 42 CA 39; judgment reversed, see 241 C. 310 et seq. Subdiv. (9) cited.
43 CA 133. Subdiv. (1) cited. 44 CA 611. Subdiv. (10) cited. Id. Cited. Id., 622. Subdiv. (1) cited. Id. Subdiv. (2) cited.
Id. Subdiv. (3) cited. Id. Subdiv. (3)(G) cited. Id. Disclosure of the names of employees disciplined by Department of
Children and Families in connection with death of infant who was the subject of department investigation does not constitute
an invasion of their personal privacy. 48 CA 467. Freedom of Information Act and rules of discovery provide independent
methods of obtaining information except when it would limit discovery rights; legislative change from "effect" to "limit"
discussed. 52 CA 12.
Subdiv. (2): Cited. 39 CS 176, 180, 182—184. Subdiv. (6): Test questions and examination data already administered
as well as those not yet administered are included in the exemption from disclosure. The exemption is characterized as
"absolute". Id., 257, 258, 260, 262—264. Subdiv. (2): Cited. Id., 257, 260. Subdiv. (4) cited. 42 CS 84, 90. P.A. 91-140
cited. Id. Subdiv. (10) cited. Id., 84, 92. Subdiv. (1) cited. Id., 129, 141. Subdiv. (3)(B) cited. Id., 291, 293, 296, 297, 301.
Subdiv. (4) cited. Id., 291, 293, 300, 301. Subdiv. (3)(A) cited. Id., 291, 296, 301.
Subsec. (c):
Subdiv. (1): Cited. 211 C. 339—342, 346, 348. Cited. 227 C. 641, 655. Subdiv. (1): Legislature did not intend to require
disclosure of drafts of memoranda prepared by persons who, although not staff members of the public agency, are hired
on a contractual basis to perform tasks that are indistinguishable from those which may be performed by agency personnel.
245 C. 149.
Subdiv. (1) cited. 44 CA 611.
Annotations to present section:
Order that documents be disclosed under section was proper. 54 CA 373.
Subsec. (a):
Questions of discovery under Federal Rules of Civil Procedure are not what is meant by the phrase "otherwise provided
by any federal law". 252 C. 377.
Subsec. (b):
Irrespective of the facts, complainant's identity and related information in a sexual harassment complaint is not always
exempt from disclosure. 255 C. 651. Home addresses of public employees held not subject to disclosure where no public
interest was served by exposing such information and the employees had taken significant steps to keep such information
private. 256 C. 764. Subdiv. (10) does not violate separation of powers clause because it preserves powers of the judicial
branch and does not delegate to Freedom of Information Commission the power to define attorney-client privilege. 260
C. 143.
Sec. 1-211. (Formerly Sec. 1-19a). Disclosure of computer-stored public records. Contracts. Acquisition of system, equipment, software to store or retrieve
nonexempt public records. (a) Any public agency which maintains public records in
a computer storage system shall provide, to any person making a request pursuant to
the Freedom of Information Act, a copy of any nonexempt data contained in such records,
properly identified, on paper, disk, tape or any other electronic storage device or medium
requested by the person, if the agency can reasonably make such copy or have such
copy made. Except as otherwise provided by state statute, the cost for providing a copy
of such data shall be in accordance with the provisions of section 1-212.
(b) Except as otherwise provided by state statute, no public agency shall enter into
a contract with, or otherwise obligate itself to, any person if such contract or obligation
impairs the right of the public under the Freedom of Information Act to inspect or copy
the agency's nonexempt public records existing on-line in, or stored on a device or
medium used in connection with, a computer system owned, leased or otherwise used
by the agency in the course of its governmental functions.
(c) On and after July 1, 1992, before any public agency acquires any computer
system, equipment or software to store or retrieve nonexempt public records, it shall
consider whether such proposed system, equipment or software adequately provides for
the rights of the public under the Freedom of Information Act at the least cost possible
to the agency and to persons entitled to access to nonexempt public records under the
Freedom of Information Act. In meeting its obligations under this subsection, each state
public agency shall consult with the Department of Information Technology as part of
the agency's design analysis prior to acquiring any such computer system, equipment
or software. The Department of Information Technology shall adopt written guidelines
to assist municipal agencies in carrying out the purposes of this subsection. Nothing in
this subsection shall require an agency to consult with said department prior to acquiring
a system, equipment or software or modifying software, if such acquisition or modification is consistent with a design analysis for which such agency has previously consulted
with said department. The Department of Information Technology shall consult with
the Freedom of Information Commission on matters relating to access to and disclosure
of public records for the purposes of this subsection. The provisions of this subsection
shall not apply to software modifications which would not affect the rights of the public
under the Freedom of Information Act.
(P.A. 75-342, S. 4; P.A. 90-307, S. 3, 5; P.A. 91-347, S. 1, 5; P.A. 97-47, S. 5; June 18 Sp. Sess. P.A. 97-9, S. 26, 50.)
History: P.A. 90-307 added Subsec. (b) re disclosure of copy of voter registration data maintained in a computer storage
system; P.A. 91-347 repealed former Subsec. (a) which had required agencies to provide printouts of data, relettered former
Subsec. (b) as Subsec. (a), amending provisions to apply to "public records" instead of "voter registration records", to
substitute "nonexempt data contained in such records" for "voter registration data", to add clause "if the agency can
reasonably make such copy or have such copy made" and to add a sentence re cost for a copy, added new Subsec. (b) re
prohibition on contracts and obligations impairing public's right to inspect or copy computerized nonexempt public records,
and added Subsec. (c) re agency requirements before acquiring computer system, equipment or software to store or retrieve
nonexempt public records, effective July 1, 1992; P.A. 97-47 substituted "the Freedom of Information Act" for "this
chapter"; June 18 Sp. Sess. P.A. 97-9 amended Subsec. (c) by substituting "Department of Information Technology" for
"Office of Information and Technology", effective July 1, 1997; Sec. 1-19a transferred to Sec. 1-211 in 1999.
Annotations to former section 1-19a:
Cited. 174 C. 308, 310. Cited. 181 C. 324, 325. Cited. 184 C. 102, 104. Cited. 190 C. 235, 245. Cited. 192 C. 234, 237;
Id., 310, 311, 314—317, 319. Freedom of Information Act cited. 204 C. 609, 611, 612, 617, 619, 621, 623; 205 C. 767,
768, 775, 778; 206 C. 449, 452; 207 C. 698, 701. Cited. 208 C. 442—445, 448—450, 453, 454; 210 C. 590, 592; 212 C.
100—102, 105. Freedom of Information Act cited. 209 C. 204, 208, 210; 210 C. 590, 592; Id., 646, 648, 650; 212 C. 100—
102, 105; 213 C. 126, 127, 129, 130; Id., 216, 217, 219. Freedom of Information Act (FOIA) cited. 214 C. 312, 313, 315;
216 C. 253, 258, 260, 265—268. FOIA, Freedom of Information Act cited. 217 C. 153, 156, 160. Freedom of Information
Act (FOIA) cited. Id., 193—201. Freedom of Information Act cited. 218 C. 256, 260, 261. Freedom of Information Act
(FOIA), Sec. 1-18a et seq. cited. Id., 757—761; 220 C. 225, 226, 235, 255, 259, 260, 262. Freedom of Information Act
(FOIA) cited. 221 C. 217, 218, 222, 224, 225, 228, 232, 233, 235; Id., 300, 301, 303—308, 314; Id., 393—395, 398, 399,
401. Freedom of Information Act cited. Id., 482, 485; Id., 549, 577, 578. Freedom of Information Act (FOIA) cited. 222
C. 621, 626, 627, 630. Freedom of Information Act (FOIA) cited. 228 C. 158, 160, 163—168, 170, 172—174, 177. Freedom
of Information Act cited. Id., 271, 272, 275—277, 279.
Freedom of Information Act cited. 4 CA 468, 469, 472, 479, 484; 14 CA 380, 382, 383; judgment reversed, see 210
C. 646, 648, 649. Freedom of Information Act cited. 16 CA 49—53; 19 CA 352, 353, 355; Id., 539, 540, 542, 544; 20 CA
671, 674, 675. Printout copies, not computer diskettes, are appropriate responses to information requests. 22 CA 316—
320. Freedom of Information Act (FOIA) |
