Topic: Freedom of Information Act [“FOIA”]

Foliage, Frost, Frozen Ponds and The FOIA (Part Three): Trying To Do The Right Thing Is A Good Thing Under The FOIA

In our latest posting on the Freedom of Information Act [“FOIA”], we confirm that the Freedom of Information Commission [“FOIC”] has a heart, and may sometimes forgive technical non-compliance by public agencies and their employees. Honesty and good faith = highly moral and good FOIA strategy I often preach that honesty, common sense and an…

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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…

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Just The Facts: Charter Schools (and Cutting Through Some Myths and Hot Air)

As anyone reading the newspapers can observe, Connecticut charter schools are receiving some unwanted attention these days due to: 1) a myriad of issues involving a charter school management company; and 2) virulent attacks from, among others, those who either currently hold or who hope to attain political office. Once politically favored by both major…

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Tales From The Green Room: My FOIA Book, My Television Interview and Why Public Agencies Should Care

On June 7th, 2014, I had the good fortune of being the guest on Focus on Connecticut, which is a weekly, half-hour public affairs show on “News 12 Connecticut.”    The show is hosted by Tom Appleby, a veteran news journalist in the best sense of those terms. The purpose of my appearance was to discuss…

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Warning-Your E-mail Just Became a Meeting: Mauer v. Member, Board of Education, Regional School District No. 1 and The Dangers of Using The “Send”, “Reply“ and (Especially) “Reply All” Buttons

Often times, I will warn school board members against the use of e-mail to conduct board business.  My primary concern is that such e-mails could be deemed to constitute an illegal un-noticed/non-public meeting, in violation of the Freedom of Information Act [“FOIA”].  A recent decision of the Freedom of Information Commission [“FOIC”] further highlights this…

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The FOIA and Superintendent Evaluations: Toensing and The Various Components of The Evaluation

When evaluating superintendents of schools, school boards usually seek to synthesize the views of individual board members into a collective voice for the board.  In Toensing v. Chairman, All Boards Chairs Committee, Regional School District #1, #FIC 2013-223 (February 11, 2014), however, the Freedom of Information Commission [“FOIC”] reminded us that there are Freedom of…

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OOPS and the FOIA, Part 2: Dacey v. Easton Board of Education and the Need For a Subcommittee to Comply With The FOIA

There are times where a public agency may get so caught up with solving an existing problem that it will lose sight of the need to comply fully with the Freedom of Information Act [“FOIA”] and thus create what could potentially be an even bigger problem.  In this vein, a recent Freedom of Information Commission…

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Oops and the FOIA, Part One; Kadri v. Groton Board of Education and Protections From the Accidental Disclosure of Attorney-Client Privileged Documents

What happens when your agency’s lawyer sends out a confidential letter that is somehow leaked? A relatively recent decision by the Freedom of Information Commission [“FOIC”] appears to indicate that all is not lost, as “inadvertent” or “unexplainable” releases of otherwise privileged communication from your attorney will not destroy the attorney-client privilege. The FOIC’s decision…

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