Connecticut House Bill HB05175

Connecticut 2018 Regular Session

• Introduced: 2/21/18
• Refer: 2/21/18
• Report Pass: 3/9/18
• Refer: 3/19/18
• Report Pass: 3/26/18
• Engrossed: 4/30/18
• Report Pass: 5/2/18
• Chaptered: 5/22/18
• Enrolled: 5/24/18
• Passed: 6/7/18

Caption

An Act Concerning Appeals Under The Freedom Of Information Act And Petitions For Relief From Vexatious Requesters.

Impact

If enacted, HB 05175 would significantly impact how public agencies in the state manage requests for information and appeals. The bill stipulates that agencies must respond to appeals within a defined timeframe and undergo a thorough review process to ensure that denials are justified. This change is intended to create a more efficient handling of requests, as it sets strict deadlines for agencies and the commission in processing appeals, thereby promoting accountability and transparency. Agencies would also benefit from the ability to mitigate disruptive request patterns through mechanisms designed to identify and manage vexatious requesters.

Summary

House Bill 05175 is an act designed to enhance the procedural framework for appeals under the Freedom of Information Act, specifically focusing on petitions for relief from what are classified as vexatious requesters. The bill modifies the processes by which individuals can appeal denials of their rights to access public agency records or meetings, establishing clear steps and timeframes for the Freedom of Information Commission to address such appeals. Notably, the bill aims to reduce abuse of the request system by allowing agencies to seek relief from individuals who repeatedly make requests that disrupt agency operations.

Sentiment

The sentiment surrounding HB 05175 appears to be mixed. Proponents of the bill argue that it protects public agencies from excessive and burdensome requests that can detract from their core functions. They see it as a necessary measure to maintain operational integrity while ensuring that genuine requests for information are still honored. Conversely, critics of the bill may express concern that the criteria for labeling someone as a 'vexatious requester' could be misused, potentially limiting access to information for citizens and compromising public transparency. This tension reflects a broader debate between access to information and the operational capacity of public entities.

Contention

Key points of contention include the provisions that establish criteria for what constitutes a vexatious request and the potential civil penalties that might be imposed on both public officials and requesters under certain conditions. Opponents argue that these measures could be overly punitive and might discourage legitimate requests for public information, ultimately undermining the spirit of the Freedom of Information Act. Additionally, there is concern about how broadly the term 'vexatious' can be interpreted and the implications this could have for citizen engagement with government transparency efforts.