Connecticut 2012 Regular Session

Connecticut Senate Bill SB00389 Compare Versions

Only one version of the bill is available at this time.
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11 General Assembly Raised Bill No. 389
22 February Session, 2012 LCO No. 1995
33 *01995_______GAE*
44 Referred to Committee on Government Administration and Elections
55 Introduced by:
66 (GAE)
77
88 General Assembly
99
1010 Raised Bill No. 389
1111
1212 February Session, 2012
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1414 LCO No. 1995
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1616 *01995_______GAE*
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1818 Referred to Committee on Government Administration and Elections
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2020 Introduced by:
2121
2222 (GAE)
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2424 AN ACT REDEFINING EXECUTIVE SESSIONS UNDER THE FREEDOM OF INFORMATION ACT TO PERMIT CERTAIN CONFIDENTIAL COMMUNICATIONS.
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2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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2828 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 Subdivision (6) of section 1-200 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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3030 (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.
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3232 Sec. 2. Section 1-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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3434 (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.
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3636 (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.
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4141 This act shall take effect as follows and shall amend the following sections:
4242 Section 1 October 1, 2012 1-200(6)
4343 Sec. 2 October 1, 2012 1-231
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4545 This act shall take effect as follows and shall amend the following sections:
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4747 Section 1
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4949 October 1, 2012
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5151 1-200(6)
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5353 Sec. 2
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5555 October 1, 2012
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5757 1-231
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5959 Statement of Purpose:
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6161 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.
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6363 [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.]