1 | 1 | | General Assembly Raised Bill No. 389 |
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2 | 2 | | February Session, 2012 LCO No. 1995 |
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3 | 3 | | *01995_______GAE* |
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4 | 4 | | Referred to Committee on Government Administration and Elections |
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5 | 5 | | Introduced by: |
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6 | 6 | | (GAE) |
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7 | 7 | | |
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8 | 8 | | General Assembly |
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9 | 9 | | |
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10 | 10 | | Raised Bill No. 389 |
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11 | 11 | | |
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12 | 12 | | February Session, 2012 |
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13 | 13 | | |
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14 | 14 | | LCO No. 1995 |
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15 | 15 | | |
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16 | 16 | | *01995_______GAE* |
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17 | 17 | | |
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18 | 18 | | Referred to Committee on Government Administration and Elections |
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19 | 19 | | |
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20 | 20 | | Introduced by: |
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21 | 21 | | |
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22 | 22 | | (GAE) |
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23 | 23 | | |
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24 | 24 | | AN ACT REDEFINING EXECUTIVE SESSIONS UNDER THE FREEDOM OF INFORMATION ACT TO PERMIT CERTAIN CONFIDENTIAL COMMUNICATIONS. |
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25 | 25 | | |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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27 | 27 | | |
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28 | 28 | | 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 Subdivision (6) of section 1-200 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012): |
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29 | 29 | | |
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30 | 30 | | (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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31 | 31 | | |
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32 | 32 | | 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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33 | 33 | | |
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34 | 34 | | (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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35 | 35 | | |
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36 | 36 | | (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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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | This act shall take effect as follows and shall amend the following sections: |
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42 | 42 | | Section 1 October 1, 2012 1-200(6) |
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43 | 43 | | Sec. 2 October 1, 2012 1-231 |
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44 | 44 | | |
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45 | 45 | | This act shall take effect as follows and shall amend the following sections: |
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46 | 46 | | |
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47 | 47 | | Section 1 |
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48 | 48 | | |
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49 | 49 | | October 1, 2012 |
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50 | 50 | | |
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51 | 51 | | 1-200(6) |
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52 | 52 | | |
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53 | 53 | | Sec. 2 |
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54 | 54 | | |
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55 | 55 | | October 1, 2012 |
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56 | 56 | | |
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57 | 57 | | 1-231 |
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58 | 58 | | |
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59 | 59 | | Statement of Purpose: |
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60 | 60 | | |
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61 | 61 | | 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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62 | 62 | | |
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63 | 63 | | [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.] |
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