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General Assembly Substitute Bill No. 1221
January Session, 2023
AN ACT CONCERNING THE ENFORCEMENT OF VIOLATIONS OF
THE FREEDOM OF INFORMATION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 1-206 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2023): 3
(b) (1) Any person denied the right to inspect or copy records under 4
section 1-210 or wrongfully denied the right to attend any meeting of a 5
public agency or denied any other right conferred by the Freedom of 6
Information Act may appeal therefrom to the Freedom of Information 7
Commission, by filing a notice of appeal with said commission. A 8
notice of appeal shall be filed not later than thirty days after such 9
denial, except in the case of an unnoticed or secret meeting, in which 10
case the appeal shall be filed not later than thirty days after the person 11
filing the appeal receives actual or constructive notice that such 12
meeting was held. For purposes of this subsection, such notice of 13
appeal shall be deemed to be filed on the date it is received by said 14
commission or on the date it is postmarked, if received more than 15
thirty days after the date of the denial from which such appeal is taken. 16
Upon receipt of such notice, the commission shall serve upon all 17
parties, by certified or registered mail or by electronic transmission, a 18
copy of such notice together with any other notice or order of such 19 Substitute Bill No. 1221
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commission. In the case of the denial of a request to inspect or copy 20
records contained in a public employee's personnel or medical file or 21
similar file under subsection (c) of section 1-214, the commission shall 22
include with its notice or order an order requiring the public agency to 23
notify any employee whose records are the subject of an appeal, and 24
the employee's collective bargaining representative, if any, of the 25
commission's proceedings and, if any such employee or collective 26
bargaining representative has filed an objection under said subsection 27
(c), the agency shall provide the required notice to such employee and 28
collective bargaining representative by certified mail, return receipt 29
requested, by electronic transmission or by hand delivery with a 30
signed receipt. A public employee whose personnel or medical file or 31
similar file is the subject of an appeal under this subsection may 32
intervene as a party in the proceedings on the matter before the 33
commission. Said commission shall, after due notice to the parties, 34
hear and decide the appeal [within] not later than one year after the 35
filing of the notice of appeal. The commission shall adopt regulations 36
in accordance with chapter 54, establishing criteria for those appeals 37
which shall be privileged in their assignment for hearing. Any such 38
appeal shall be heard not later than thirty days after receipt of a notice 39
of appeal and decided not later than sixty days after the hearing. If a 40
notice of appeal concerns an announced agency decision to meet in 41
executive session or an ongoing agency practice of meeting in 42
executive sessions, for a stated purpose, the commission or a member 43
or members of the commission designated by its chairperson shall 44
serve notice upon the parties in accordance with this section and hold 45
a preliminary hearing on the appeal not later than seventy-two hours 46
after receipt of the notice, provided such notice shall be given to the 47
parties at least forty-eight hours prior to such hearing. During such 48
preliminary hearing, the commission shall take evidence and receive 49
testimony from the parties. If after the preliminary hearing the 50
commission finds probable cause to believe that the agency decision or 51
practice is in violation of sections 1-200 and 1-225, the agency shall not 52
meet in executive session for such purpose until the commission 53
decides the appeal. If probable cause is found by the commission, it 54 Substitute Bill No. 1221
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shall conduct a final hearing on the appeal and render its decision not 55
later than five days after the completion of the preliminary hearing. 56
Such decision shall specify the commission's findings of fact and 57
conclusions of law. 58
(2) In any appeal to the Freedom of Information Commission under 59
subdivision (1) of this subsection or subsection (c) of this section, the 60
commission may confirm the action of the agency or order the agency 61
to provide relief that the commission, in its discretion, believes 62
appropriate to rectify the denial of any right conferred by the Freedom 63
of Information Act. The commission may declare null and void any 64
action taken at any meeting which a person was denied the right to 65
attend and may require the production or copying of any public 66
record. In addition, upon the finding that a denial of any right created 67
by the Freedom of Information Act was without reasonable grounds 68
and after the custodian or other official directly responsible for the 69
denial has been given an opportunity to be heard at a hearing 70
conducted in accordance with sections 4-176e to 4-184, inclusive, the 71
commission may, in its discretion, impose against the custodian or 72
other official a civil penalty of not less than twenty dollars nor more 73
than [one] ten thousand dollars. If the commission finds that a person 74
has taken an appeal under this subsection frivolously, without 75
reasonable grounds and solely for the purpose of harassing the agency 76
from which the appeal has been taken, after such person has been 77
given an opportunity to be heard at a hearing conducted in accordance 78
with sections 4-176e to 4-184, inclusive, the commission may, in its 79
discretion, impose against that person a civil penalty of not less than 80
twenty dollars nor more than one thousand dollars. The commission 81
shall notify a person of a penalty levied against [him] such person 82
pursuant to this subsection by written notice sent by certified or 83
registered mail or electronic transmission. If a person fails to pay the 84
penalty [within] not later than thirty days [of] after receiving such 85
notice, the Superior Court shall, on application of the commission, 86
issue an order requiring the person to pay the penalty imposed. If the 87
executive director of the commission has reason to believe an appeal 88 Substitute Bill No. 1221
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under subdivision (1) of this subsection or subsection (c) of this section 89
(A) presents a claim beyond the commission's jurisdiction; (B) would 90
perpetrate an injustice; or (C) would constitute an abuse of the 91
commission's administrative process, the executive director shall not 92
schedule the appeal for hearing without first seeking and obtaining 93
leave of the commission. The commission shall provide due notice to 94
the parties and review affidavits and written argument that the parties 95
may submit and grant or deny such leave summarily at its next regular 96
meeting. The commission shall grant such leave unless it finds that the 97
appeal: (i) Does not present a claim within the commission's 98
jurisdiction; (ii) would perpetrate an injustice; or (iii) would constitute 99
an abuse of the commission's administrative process. Any party 100
aggrieved by the commission's denial of such leave may apply to the 101
superior court for the judicial district of New Britain, [within] not later 102
than fifteen days of the commission meeting at which such leave was 103
denied, for an order requiring the commission to hear such appeal. 104
(3) In making the findings and determination under subdivision (2) 105
of this subsection the commission shall consider the nature of any 106
injustice or abuse of administrative process, including, but not limited 107
to: (A) The nature, content, language or subject matter of the request or 108
the appeal, including, among other factors, whether the request or 109
appeal is repetitious or cumulative; (B) the nature, content, language or 110
subject matter of prior or contemporaneous requests or appeals by the 111
person making the request or taking the appeal; (C) the nature, 112
content, language or subject matter of other verbal and written 113
communications to any agency or any official of any agency from the 114
person making the request or taking the appeal; (D) any history of 115
nonappearance at commission proceedings or disruption of the 116
commission's administrative process, including, but not limited to, 117
delaying commission proceedings; and (E) the refusal to participate in 118
settlement conferences conducted by a commission ombudsman in 119
accordance with the commission's regulations. 120
(4) Notwithstanding any provision of this subsection, [to the 121 Substitute Bill No. 1221
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contrary,] in the case of an appeal to the commission of a denial by a 122
public agency, the commission may, upon motion of such agency, 123
confirm the action of the agency and dismiss the appeal without a 124
hearing if it finds, after examining the notice of appeal and construing 125
all allegations most favorably to the appellant, that (A) the agency has 126
not violated the Freedom of Information Act, or (B) the agency has 127
committed a technical violation of the Freedom of Information Act that 128
constitutes a harmless error that does not infringe the appellant's rights 129
under said act. 130
(5) Notwithstanding any provision of this subsection, in the case of 131
an appeal to the commission of a denial by a public agency where, 132
after a hearing, the commission finds the public agency is engaging in 133
a practice or pattern of conduct that constitutes an obstruction of the 134
public's right to access information under the Freedom of Information 135
Act or reckless, wilful or wanton misconduct with regard to the delay 136
or denial of responses to requests for public records under said act, the 137
commission may apply to the superior court for the judicial district of 138
New Britain for further injunctive and equitable relief, damages, 139
attorney's fees and costs, as the court may order. 140
[(5)] (6) Notwithstanding any provision of this subsection, a public 141
agency may petition the commission for relief from a requester that the 142
public agency alleges is a vexatious requester. Such petition shall be 143
sworn under penalty of false statement, as provided in section 53a-144
157b, and shall detail the conduct which the agency alleges 145
demonstrates a vexatious history of requests, including, but not 146
limited to: (A) The number of requests filed and the total number of 147
pending requests; (B) the scope of the requests; (C) the nature, content, 148
language or subject matter of the requests; (D) the nature, content, 149
language or subject matter of other oral and written communications 150
to the agency from the requester; and (E) a pattern of conduct that 151
amounts to an abuse of the right to access information under the 152
Freedom of Information Act or an interference with the operation of 153
the agency. Upon receipt of such petition, the executive director of the 154 Substitute Bill No. 1221
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commission shall review the petition and determine whether it 155
warrants a hearing. If the executive director determines that a hearing 156
is not warranted, the executive director shall recommend that the 157
commission deny the petition without a hearing. The commission shall 158
vote at its next regular meeting after such recommendation to accept or 159
reject such recommendation and, after such meeting, shall issue a 160
written explanation of the reasons for such acceptance or rejection. If 161
the executive director determines that a hearing is warranted, the 162
commission shall serve upon all parties, by certified or registered mail 163
or electronic transmission, a copy of such petition together with any 164
other notice or order of the commission. The commission shall, after 165
due notice to the parties, hear and either grant or deny the petition 166
[within] not later than one year after its filing. Upon a grant of such 167
petition, the commission may provide appropriate relief 168
commensurate with the vexatious conduct, including, but not limited 169
to, an order that the agency need not comply with future requests from 170
the vexatious requester for a specified period of time, but not to exceed 171
one year. Any party aggrieved by the commission's granting of such 172
petition may apply to the superior court for the judicial district of New 173
Britain, [within] not later than fifteen days [of] after the commission 174
meeting at which such petition was granted, for an order reversing the 175
commission's decision. 176
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 1-206(b)
GAE Joint Favorable Subst.