Topic: Freedom of Information Commission

Don’t Picture This: The FOIA And The Use Of Smartphones As A Substitute For Paying For Copies

Connecticut’s Freedom of Information Act [“FOIA”] generally permits public agencies to charge for copies (usually, $0.50/page) when complying with FOIA requests. One exception to this fee requirement is that an individual may engage in “self-help” and copy a public record through the use of a “hand-held scanner”. Connecticut General Statutes §1-212(g).  A “hand held scanner”…

Read more

Foliage, Frost, Frozen Ponds And The FOIA (Part Two): Can You See My Notes (And Calendar)?

For those who still cannot get enough after my latest post on the Freedom of Information Act [“FOIA”], here are more nuggets from the Freedom of Information Commission [“FOIC”]. Today, we focus on written notes and calendar entries. When are personal notes FOIA-able? Generally, but not always, one’s own personal notes may be exempt from…

Read more

Foliage, Frost, Frozen Ponds and The FOIA: More Interesting Cases From The FOIC (Part One)

Dropping thermometers did not diminish the heated action occurring before Connecticut’s Freedom of Information Commission [“FOIC”]. It should also go without saying that the accompanying snow, ice and other perils of winter did not eliminate the need of public agencies to comply with Connecticut’s Freedom of Information Act [“FOIA”].  Here are some decisions of note…

Read more

Drafting Agendas: Three Reasons to be More Specific than “Attorney-Client Privileged Communication – Executive Session Anticipated”

One of the most regularly used reasons to enter executive session is to discuss a matter that would result in the disclosure of communications that are privileged by the attorney-client relationship. The agenda item often appears as this: “Discussion and possible action on attorney-client privileged communication – executive session anticipated.” Unfortunately, this agenda item will…

Read more

Attorneys Are Not So Special After All: The FOIA and the Need for Specific Agenda Items

Generally, Connecticut’s Freedom of Information Act [“FOIA”] requires that a public agency preparing an agenda/posting for a meeting ensure that each agenda item is specific enough to apprise the public of the action contemplated by the agency, so that the public and interested parties may be properly prepared and be present to express their views.…

Read more

FOIA is FUN: Somewhat Recent Reminders from the Freedom Of Information Commission

Although it is known as the “Sunshine Law,” the idea of summer fun is usually not synonymous with the Freedom of Information Act [“FOIA”]. Nevertheless, as we lament the passing of time (and loss of daylight), Connecticut’s Freedom of Information Commission [“FOIC”] issued intriguing decisions during the summer that provide teachable moments, such as the…

Read more

The FOIA, Charter Schools and “Charter Management Organizations:” The FOIC and the Legislature (Sort Of) Speak

As noted previously, the intersection between Connecticut’s Freedom of Information Act [“FOIA”] and charter schools has been the source of much noise. Notwithstanding some shrill voices, charter schools have always been subject to the FOIA.  The lingering issue has been whether “charter school management organizations” (e.g., entities some charter schools contract with for educational design, implementation,…

Read more

Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa).  In a plethora of recent decisions, the Freedom of Information Commission [“FOIC”] has provided further guidance on these issues. Briefly, the FOIA exempts from its…

Read more