THE FREEDOM OF INFORMATION ACT
Sec. 1-205. (Formerly Sec. 1-21j). Freedom
of Information Commission. (a) There shall
be a Freedom of Information Commission consisting of five members appointed by
the governor, with the advice and consent of either house of the General
Assembly, who shall serve for terms of four years from the July first of the
year of their appointment, except that of the members appointed prior to and
serving on July 1, 1977, one shall serve for a period of six years from July 1,
1975, one shall serve for a period of four years from July 1, 1975, and one
shall serve for a period of six years from July 1, 1977.
Of the two new members first appointed after July 1, 1977, one shall
serve from the date of such appointment until June 30, 1980, and one shall serve
from the date of such appointment until June 30, 1982.
No more than three members shall be members of the same political party.
(b) Each member shall
receive fifty dollars per day for each day such member is present at a
commission hearing or meeting, and shall be entitled to reimbursement for actual
and necessary expenses incurred in connection therewith, in accordance with the
provisions of section 4-1.
(c) The governor shall
select one of its members as a chairman. The
commission shall maintain a permanent office at Hartford in such suitable space
as the Commissioner of Public Works provides.
All papers required to be filed with the commission shall be delivered to
such office.
(d) The commission shall,
subject to the provisions of the Freedom of Information Act promptly review the
alleged violation of said Freedom of Information Act and issue an order
pertaining to the same. Said
commission shall have the power to investigate all alleged violations of said
Freedom of Information Act and may for the purpose of investigating any
violation hold a hearing, administer oaths, examine witnesses, receive oral and
documentary evidence, have the power to subpoena witnesses under procedural
rules adopted by the commission to compel attendance and to require the
production for examination of any books and papers which the commission deems
relevant in any matter under investigation or in question.
In case of a refusal to comply with any such subpoena or to testify with
respect to any matter upon which that person may be lawfully interrogated, the
superior court for the judicial district of Hartford, on application of the
commission, may issue an order requiring such person to comply with such
subpoena and to testify; failure to obey any such order of the court may be
punished by the court as a contempt thereof.
(e) The Freedom of
Information Commission, and the Department of Information Technology with
respect to access to and disclosure of computer-stored public records, shall
conduct training sessions, at least annually, for members of public agencies for
the purpose of educating such members as to the requirements of sections 1-7 to
1-14, inclusive, 1-16 to 1-18, inclusive, 1-200 to 1-202, inclusive, 1-205,
1-206, 1-210 to 1-217, inclusive, 1-225 to 1-232, inclusive, 1-240, 1-241 and
19a-342.
(f) When the general
assembly is in session, the governor shall have the authority to fill any
vacancy on the commission, with the advice and consent of either house of the
general assembly. When the general
assembly is not in session any vacancy shall be filled pursuant to the
provisions of section 4-19. A
vacancy in the commission shall not impair the right of the remaining members to
exercise all the powers of the commission and three members of the commission
shall constitute a quorum.
(g) The commission shall,
subject to the provisions of chapter 67, employ such employees as may be
necessary to carry out the provisions of this chapter.
The commission may enter into such contractual agreements as may be
necessary for the discharge of its duties, within the limits of its appropriated
funds and in accordance with established procedures.
(h) The commission shall
make available to the public the printed reports of its decisions, opinions and
related materials at a reasonable cost not to exceed the actual cost thereof to
said commission, but not less than twenty-eight dollars per item.
(i) The Freedom of
Information Commission shall not be construed to be a commission or board within
the meaning of section 4-9a. (P.A.
75-342, §15; P.A. 77-609, §7; P.A. 77-614, §73; P.A. 78-280, §8; P.A.
78-315, §3; P.A. 79-560, §1; P.A. 79-575, §1; P.A. 86-390, §§1, 2; P.A.
87-496, §5; P.A. 88-230, §1; P.A. 89-251, §57; P.A. 90-98, §1; P.A. 91-347,
§3; P.A. 93-142, §§4, 7; P.A. 95-220, §§4-6; P.A. 97-47, §13; June 18
Special Session, P.A. 97-9, §27).