Connecticut Seal

Substitute Senate Bill No. 584

Public Act No. 04-171

AN ACT CONCERNING THE DISCLOSURE OF VOICE MAILS UNDER THE FREEDOM OF INFORMATION ACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 1-213 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Freedom of Information Act shall be:

(1) Construed as requiring each public agency to open its records concerning the administration of such agency to public inspection; and

(2) Construed as requiring each public agency to disclose information in its personnel files, birth records or confidential tax records to the individual who is the subject of such information.

(b) Nothing in the Freedom of Information Act shall be deemed in any manner to:

(1) Affect the status of judicial records as they existed prior to October 1, 1975, nor to limit the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state; [or]

(2) Require disclosure of any record of a personnel search committee which, because of name or other identifying information, would reveal the identity of an executive level employment candidate without the consent of such candidate; or

(3) Require any public agency to transcribe the content of any voice mail message and retain such record for any period of time. As used in this subdivision, "voice mail" means all information transmitted by voice for the sole purpose of its electronic receipt, storage and playback by a public agency.

Sec. 2. Section 46a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) State officials and supervisory personnel shall recruit, appoint, assign, train, evaluate and promote state personnel on the basis of merit and qualifications, without regard for race, color, religious creed, sex, marital status, age, national origin, ancestry, mental retardation, mental disability, learning disability or physical disability, including but not limited to, blindness, unless it is shown by such state officials or supervisory personnel that such disability prevents performance of the work involved.

(b) All state agencies shall promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state government. They shall regularly review their personnel practices to assure compliance.

(c) All state agencies shall conduct continuing orientation and training programs with emphasis on human relations and nondiscriminatory employment practices.

(d) The name and address of, and any related identifying information concerning, a sexual harassment complainant in any internal sexual harassment investigation conducted by an affirmative action officer or other designated person on behalf of a state agency shall be confidential and shall be disclosed only upon order of the Superior Court, except the state agency (1) shall disclose the name of the sexual harassment complainant to the accused during the state agency's sexual harassment investigation, and (2) may disclose the name of the sexual harassment complainant to other persons participating in the state agency's sexual harassment investigation. For purposes of this subsection, "state agency" has the same meaning as "public agency" in section 1-200.

[(d)] (e) The Commissioner of Administrative Services shall insure that the entire examination process, including qualifications appraisal, is free from bias.

[(e)] (f) Appointing authorities shall exercise care to insure utilization of minority group persons.

Approved June 1, 2004