Keeping public records open and accessible

Last week, the Connecticut Freedom of Information Commission held its annual conference in Haddam, presenting a full-day program on the best ways to handle public information, to a roomful of more than 200 municipal and state officials from across Connecticut. There were town clerks, city managers, members of boards of selectmen and education, planning and zoning commission members and more. They came to Haddam from every corner of the state, including the Northwest Corner, and while the conference has been going on for decades, this year’s participation was the best it’s ever been, with more attendees by far than ever before.The discussions centered around all the challenges faced by those at the conference who are charged with maintaining and making available the documentation that reflects the workings of state and municipal government at all levels. Even as there are concurrent Freedom of Information (FOI) bills active in the state Legislature that look to modify the law (through the Judiciary and Government Administration and Elections committees), those who handle government information every day were trying to figure out the best ways to comply with the law as it stands today. Here are some of the questions that arose: What are the rights of the public if commissioners are texting one another during a meeting; can the public ask to see those texts as part of the record of their discussion? (Yes.) What if a citizen requests copies of the same budget three times in six months; can the town clerk refuse to supply the document with a defense of redundancy? (No.) Can parents ask for a record of the hours put in by a teacher at their child’s school? (Yes.) Can a resident tap into a town’s computer network to access open information easily? (No.) What if a person requests information that is voluminous, such as “all board emails from 2010 to present day?” (The agency responsible needs to try to supply the records.)And, for those who are serving on boards and commissions, how are regular, special and emergency meetings defined? How does a group handle minutes and votes around an executive session? How does a board provide notice for a meeting, and for executive session? For anyone who has served on a board in his or her town, and it’s a pretty safe bet that just about everyone reading this has done so, these questions are meaningful and need to be answered correctly in order for the board’s business to be done on the right side of the law.Those who attended the FOI meeting would not have done so just to get out of the office for a change of pace, or for a luncheon shared with others who do what they do across the state (though there are defensible benefits to both these things.) They also certainly made the effort in order to be as responsible as they can be in doing their jobs and serving the public. There will be changes to the Freedom of Information Act before the Legislature concludes its business for this session, that is quite clear. But depending on which of the bills, if either, gets through the Senate and becomes law, there will be challenges to be met by all the officials at the conference in providing information to those citizens who request it. It is encouraging to know that municipal and state employees take their charges seriously enough that they try to learn more about it each year at the FOI conference and by keeping in touch with the FOI Commission. Want answers to questions you may have surrounding meetings of boards on which you serve, or whose meetings you attend? The Freedom of Information Commission is in Hartford, and the staff there is deeply committed to getting the word out to all on how to handle public documents. For information, go to www.ct.gov/foi or call them toll free at 866-374-3617.