General Assembly Raised Bill No. 389
February Session, 2012 LCO No. 1995
*01995_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
General Assembly
Raised Bill No. 389
February Session, 2012
LCO No. 1995
*01995_______GAE*
Referred to Committee on Government Administration and Elections
Introduced by:
(GAE)
AN ACT REDEFINING EXECUTIVE SESSIONS UNDER THE FREEDOM OF INFORMATION ACT TO PERMIT CERTAIN CONFIDENTIAL COMMUNICATIONS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (6) of section 1-200 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(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; and (F) confidential communications, as defined in section 52-146r, between the public agency and a government attorney or discussion of such communications.
Sec. 2. Section 1-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) At an executive session of a public agency, attendance shall be limited to members of [said body] the public agency and persons invited by [said body] the public agency to present testimony or opinion pertinent to matters before [said body] such agency, provided [that] (1) such persons' attendance shall be limited to the period for which their presence is necessary to present such testimony or opinion, and [, provided further, that] (2) the minutes of such executive session shall disclose all persons who are in attendance except job applicants who attend for the purpose of being interviewed by such agency.
(b) An executive session may [not] be convened to receive or discuss oral [communications that would otherwise be privileged by the attorney-client relationship if the agency were a nongovernmental entity, unless the executive session is for a purpose explicitly permitted pursuant to subdivision (6) of section 1-200] or written "confidential communications", as defined in section 52-146r.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 1-200(6)
Sec. 2 October 1, 2012 1-231
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
1-200(6)
Sec. 2
October 1, 2012
1-231
Statement of Purpose:
To permit executive sessions for the purpose of discussing the oral or written legal advice of a government attorney under the Freedom of Information Act and to limit the exception for oral communications to confidential communications.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]