When Is It Public, and How Do You Get It?: CT FOI Guide Updated
From understanding meeting agendas to making records requests and understanding rules governing email communications, the 146-page book covers a range of official definitions and procedures for review and use by lawyers, media and the general public.
March 29, 2019 at 10:50 AM
3 minute read
Pullman & Comley attorney and author Mark J. Sommaruga has released the fifth edition of his book on Connecticut Freedom of Information law, “Understanding Connecticut's Freedom of Information Act.”
From understanding meeting agendas to making records requests and understanding rules governing email communications, the 146-page book covers a range of official definitions and procedures for review and use by lawyers, media and the general public for knowing how and where to request and obtain public information. The subject matter is divided into three sections: public meetings, accessing public records and civil penalties/remedies.
In an interview, Sommaruga said there are some statutory changes covered in the latest edition, including information on how the state's Freedom of Information Commission deals with vexatious requests. “I represent public agencies the majority of the time, and the presumption is most times that information is public record,” he said, acknowledging that many public boards and agencies still have a lot of learning to do when it comes to releasing information in a timely fashion.
“There is a varying degree of sophistication with boards,” Sommaruga said, referring to municipal government and school boards with whom he regularly works. “Some agendas comply very well with FOI and others look like they're from the 1950s.” Conveying the basics on creating properly detailed agenda items and knowing who to notify about requests for personnel records can be a challenge. Technological factors, including the use of cellphones to copy pages of public documents, have also been and updated. If you want to know when it's appropriate to go into executive session or which personnel files are exempt from disclosure, this book is a useful tool.
While Sommaruga most often represents parties from whom information is being requested, he said education on both sides is crucial. “I think if both sides know the rules of the game, we're all better off. If people understand why sometimes information must remain private, it's better for the person requesting it. On the other hand, it's important for boards and agencies to understand there is a presumption that you must comply with these requests. It's an important responsibility. It may not be job one, but it's at least job three or four.”
Sommaruga chairs Pullman & Comley's school law section and has provided legal counsel to numerous Connecticut town and school boards. He also counsels public and private clients on labor and employment and education law issues.
“Understanding Connecticut's Freedom of Information Act,” published by Pullman & Comley, is jointly distributed by the firm and the Connecticut Association of Boards of Education.
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