THE FREEDOM OF INFORMATION ACT
Sec. 1-214. (Formerly Sec. 1-20a). Public
employment contracts as public record. Objection to disclosure of personnel or medical files.
(a) Any contract of
employment to which the state or a political subdivision of the state is a party
shall be deemed to be a public record for the purposes of section 1-210.
(b) Whenever a public agency
receives a request to inspect or copy records contained in any of its employees'
personnel or medical files and similar files and the agency reasonably believes
that the disclosure of such records would legally constitute an invasion of
privacy, the agency shall immediately notify in writing (1) each employee
concerned, provided such notice shall not be required to be in writing where
impractical due to the large number of employees concerned and (2) the
collective bargaining representative, if any, of each employee concerned. Nothing
herein shall require an agency to withhold from disclosure the contents of
personnel or medical files and similar files when it does not reasonably believe
that such disclosure would legally constitute an invasion of personal privacy.
(c) A public agency which
has provided notice under subsection (b) of this section shall disclose the
records requested unless it receives a written objection from the employee
concerned or the employee's collective bargaining representative, if any, within
seven business days from the receipt by the employee or such collective
bargaining representative of the notice or, if there is no evidence of receipt
of written notice, not later than nine business days from the date the notice is
actually mailed, sent, posted or otherwise given.
Each objection filed under this subsection shall be on a form prescribed
by the public agency, which shall consist of a statement to be signed by the
employee or the employee's collective bargaining representative, under the
penalties of false statement, that to the best of his knowledge, information and
belief there is good ground to support it and that the objection is not
interposed for delay. Upon the
filing of an objection as provided in this subsection, the agency shall not
disclose the requested records unless ordered to do so by the Freedom of
Information Commission pursuant to section 1-206.
Failure to comply with a request to inspect or copy records under this
section shall constitute a denial for the purposes of section 1-206.
Notwithstanding any provision of this subsection or subsection (b) of
section 1-206 to the contrary, if an employee's collective bargaining
representative files a written objection under this subsection, the employee may
subsequently approve the disclosure of the records requested by submitting a
written notice to the public agency. (P.A.
73-271; P.A. 78-331, §1; P.A. 87-285, §1; P.A. 88-353, §1; P.A. 92-207, §1).