HARTFORD, CT – Several people have submitted testimony in favor of Senate Bill 1408, which would require the state’s Office of Policy and Management to conduct a study of state agency response times to Freedom of Information Act requests.
Under state law, any member of the public can request access to public documents. While the law requires a response “promptly” and “without undue delay,” some say state agencies often drag their feet in providing documents or responding to requests.
“Responding to FOIA requests in a timely manner is a pillar of the law. However, too often state agencies drag their heels for months and, in some cases, years in producing records that have been requested and to which citizens and journalists are entitled,” Michele Jacklin, co-president of the Connecticut Council on Freedom of Information, said in her submitted testimony on the bill. “CCFOI supports SB 1408, which would provide essential information in determining whether the requirements of the FOIA are being met in a timely manner.”
Jacklin mentioned several cases in which people have waited over two years for information from state agencies, in particular the state Department of Emergency Services and Public Protection.
“Having waited and been delayed for up to two years, or not being responded to at all by several state agencies — this is needed,” Dr. Linda Dalessio said in submitted testimony.
If a request is delayed or denied, the person requesting the information can file a complaint against the public agency which holds the records with the state’s Freedom of Information Commission. In a 2018 ruling, the FOI Commission deemed that waiting 2.5 years for response to a simple request is “unacceptable.”
“While the Commission does not track complaints filed with the Commission based on the specific FOI Act violation alleged, whether a public agency’s response to a records request was prompt is an issue that has been raised in many of the contested case hearings before the Commission,” Executive Director Colleen Murphy said in submitted testimony on the bill.
Last year alone, the agency handled 855 complaints.
A delay in responding to records requests severely impacts the public’s right to know, Murphy said. She also offered assistance to OPM as needed in preparing reports should the bill pass.
SB 1408, sponsored by state Sen. Rob Sampson, R-Wolcott, is currently in the Joint Committee on Government Oversight. No action has been taken yet, and there has been no testimony submitted so far in opposition of the bill.
Connecticut this year is celebrating the 50th anniversary of its Freedom of Information Act, which was enacted in 1975. It has seen bipartisan support and has empowered citizens to hold officials accountable, advocate for public interests and promote informed decision-making, officials said.
The program commemorates the life of Dr. T