Topic: Freedom of Information Act

PERSONNEL MATTERS, THE CONNECTICUT FOIA AND COMMON MISTAKES

Connecticut’s Freedom of Information Act (“FOIA”) generally provides access to both meetings and records of public agencies.  The FOIA does provide an exception to the open meetings requirements for certain “personnel matters,” namely, discussions “concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require…

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Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination Investigations

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information Commission [“FOIC”] reminds us that the scales tilt decidedly toward disclosure. In Greenwich Silver Shield Association v. Director, Human Resources Department, Town…

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The Best Defense Is A Good Offense: Employers’ Use of The FOIA For Background Checks

In representing primarily public sector bodies over most of my career, I have generally been in a position of advising clients in how to comply with Freedom of Information Act (“FOIA”) requests, and thus usually assist those in a “defensive” posture.   However, in light of the FOIA’s limited protections and exemptions with regard to the…

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The FOIA and the Great Beyond-Personnel File Exceptions Do Not Belong to the Deceased

In a recent case, the Superior Court reminded us all about the limitations that exist under the so-called “personnel files” exception to the disclosure of records under Connecticut’s Freedom of Information Act (FOIA).  One prominent limitation to this exception is that one must actually be alive in order to assert a privacy right in a…

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Book on Freedom of Information Act by Attorney Sommaruga Released

Pullman & Comley, along  with the Connecticut Association of Boards of Education, have jointly published Understanding the Connecticut Freedom of Information Act and Access to Public Meetings and Records, written by Mark J. Sommaruga, Esq., a member of Pullman & Comley’s Labor, Employment Law and Employee Benefits Department and School Law section.  This book is…

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