Topic:
APPOINTMENT TO OFFICE; EXECUTIVE AND LEGISLATIVE NOMS. COMMITTEE; FREEDOM OF INFORMATION; LEGISLATIVE COMMITTEES;
Location:
EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE;

OLR Research Report


February 23, 2007

  

2007-R-0234

QUESTIONS FOR THE FREEDOM OF INFORMATION COMMISSION NOMINEE

By: Sandra Norman-Eady, Chief Attorney

FREEDOM OF INFORMATION COMMISSION (CGS § 1-205)

• The Freedom of Information Commission consists of five members who the governor appoints for four-year, staggered terms. No more than three may be from the same political party. Either house of the General Assembly confirms.

• The commission staff is composed of (1) an executive director and general counsel, (2) a managing director and associate general counsel, and (3) other staff as the executive director deems necessary.

• The commission reviews complaints about Freedom of Information Act (FOIA) violations and ensures that the public has access to government records and notice of public meetings.

• It can investigate allegations and, among other things, hold hearings, administer oaths, examine witnesses, receive oral and documentary evidence, and subpoena witnesses.

• The commission must conduct annual training sessions, together with the Department of Information Technology, to educate state employees about FOIA

QUESTIONS

1. Last year the Judicial Branch established a task force, and the governor a commission, to make recommendations on access to judicial records and proceedings. Have you had occasion to review the recommendations? If so, what are your thoughts generally? If not, do you intend to review them?

2. Several of the recommendations addressed media access to court proceedings. How would you describe the public's interest in media access?

3. Every year there are legislative proposals to exempt records from disclosure under FOIA. What affect would such proposals have on the act if they all passed?

4. How do you strike a balance between the public's interest protected by the open access law and public safety concerns about identity theft?

5. A bill, SB 884, before the Government Administration and Elections Committee establishes mandatory enhanced penalties for multiple FOIA violations. What impact would these penalties have on compliance and enforcement?

6. The commission hears complaints of alleged FOIA violations in the order that they are received, unless the executive director makes a decision to do otherwise and the commission approves. What circumstances necessitate expedited proceedings?

7. In what ways do you think the commission's standard procedure for hearing complaints can be improved?

8. How many complaints does the commission receive annually? Is it hearing complaints in accordance with the statutory timeframe of within one year or is there a backlog?

9. What do you consider to be FOIA's major weaknesses and how should these weaknesses be addressed?

SN-E: ts