Freedom of Information Act Request - Connecticut

FREEDOM OF INFORMATION ACT REQUEST

State of Connecticut

Connecticut Freedom of Information Act, C.G.S. § 1-200 et seq.

REQUEST INFORMATION

Date of Request: [__/__/____]

Method of Delivery:

☐ U.S. Mail
☐ Electronic Mail
☐ Hand Delivery
☐ Facsimile

PART I: REQUESTER IDENTIFICATION

Full Name: [________________________________]

Organization (if applicable): [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email Address: [________________________________]

Preferred Method of Response:

☐ Email to address above
☐ U.S. Mail to address above
☐ Available for in-person inspection
☐ Other: [________________________________]

PART II: PUBLIC AGENCY INFORMATION

To:

FOIA Officer / Records Custodian: [________________________________]

Public Agency Name: [________________________________]

Department/Division: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________]

Email: [________________________________]

Telephone: [________________________________]

PART III: LEGAL BASIS FOR REQUEST

Dear FOIA Officer:

Pursuant to the Connecticut Freedom of Information Act ("FOIA"), C.G.S. § 1-200 et seq., I hereby request access to and copies of the public records described below.

Under C.G.S. § 1-210(a), "all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (a) of section 1-212, or (3) receive a copy of such records."

The term "public records or files" means "any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method." C.G.S. § 1-200(5).

Connecticut's FOIA is to be broadly and liberally interpreted to effectuate its purpose of ensuring government transparency and accountability.

PART IV: RECORDS REQUESTED

I request access to and/or copies of the following records:

Category 1:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 2:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Category 3:

Description: [________________________________]

Date Range: From [__/__/____] to [__/__/____]

Keywords/Search Terms: [________________________________]

Specific Departments/Offices to Search: [________________________________]

Additional Records (if needed):

[________________________________]

[________________________________]

Record Types Sought (check all that apply):

☐ Correspondence (letters, emails, memoranda)
☐ Reports and studies
☐ Meeting minutes and agendas
☐ Contracts and agreements
☐ Financial records and budgets
☐ Personnel records (non-exempt portions)
☐ Policies, procedures, and guidelines
☐ Inspection reports
☐ Permits and applications
☐ Photographs, audio, or video recordings
☐ Electronic databases or data sets
☐ Maps, drawings, or diagrams
☐ Other: [________________________________]

PART V: FORMAT OF PRODUCTION

I request that responsive records be provided in the following format:

☐ Electronic format (preferred)
☐ Paper copies
☐ Both electronic and paper copies
☐ In-person inspection during regular business hours

Under C.G.S. § 1-211(b), if a public agency maintains public records in a computer storage system, the agency shall provide a copy of any nonexempt data contained in such records on paper, disk, tape, or any other electronic storage device or medium requested by the person requesting the records, if the agency can reasonably make such copy.

Specific Format Preferences:

☐ PDF format
☐ Native file format
☐ CSV or spreadsheet format for data
☐ Other: [________________________________]

PART VI: FEE PROVISIONS

A. Fee Limitations Under C.G.S. § 1-212

I understand that under Connecticut's FOIA:

1. State agencies: May charge a fee not to exceed $0.25 per page for standard-sized, black and white copies. C.G.S. § 1-212(a).

2. Municipal agencies: May charge a fee not to exceed $0.50 per page for copies. C.G.S. § 1-212(b).

3. Employee time: An agency may charge a fee for the cost of employee time necessary to search for, compile, and reproduce the requested records. The fee shall not exceed the hourly salary rate of the lowest-paid employee qualified to perform the task. C.G.S. § 1-212(b).

4. Electronic records: If a copy is provided by electronic means, the agency may charge for any materials provided to the person requesting the copy, such as the cost of a computer disk. C.G.S. § 1-212(d).

5. Tax-exempt organizations and indigent persons: May be entitled to reduced fees or fee waivers.

B. Fee Cap and Estimate

I agree to pay reasonable fees in accordance with C.G.S. § 1-212, up to a maximum of $[____]. If estimated fees exceed this amount, please provide a written estimate before proceeding and await my authorization.

C. Fee Waiver Request

☐ I request a fee waiver or reduction because:

☐ I am indigent and unable to pay fees
☐ This request is in the public interest and will contribute significantly to public understanding of government operations
☐ I am a tax-exempt organization
☐ Other: [________________________________]

Basis for Fee Waiver: [________________________________]

PART VII: RESPONSE DEADLINE

Under C.G.S. § 1-210(a), access to public records must be provided promptly. The Connecticut Freedom of Information Commission has interpreted "promptly" based on the totality of the circumstances.

Under C.G.S. § 1-206(a), any denial of the right to inspect or copy records must be in writing within:

• Four (4) business days of the request for most records; or
• Ten (10) business days if the request involves records subject to subsections (b) and (c) of section 1-214 (concerning security-related exemptions).

The written denial must include:

1. The specific reasons for the denial;
2. Citation to the specific exemption(s) relied upon; and
3. Notice of the requester's right to appeal to the Freedom of Information Commission.

Critical: Failure to respond within the statutory timeframe is considered a denial and triggers the right to appeal to the FOI Commission.

PART VIII: EXEMPTIONS AND SEGREGABILITY

If any portion of the requested records is claimed to be exempt from disclosure under C.G.S. § 1-210(b), I request that the agency:

1. Cite the specific exemption relied upon for each withheld record or portion thereof;
2. Provide a written explanation of how the exemption applies;
3. Segregate and release all non-exempt portions of partially exempt records, as the FOIA requires disclosure of segregable non-exempt portions; and
4. Bear the burden of proof: The agency bears the burden of establishing the applicability of any claimed exemption.

Key Exemptions Under C.G.S. § 1-210(b):

• (1) Preliminary drafts or notes provided the public interest in withholding such documents clearly outweighs the public interest in disclosure
• (2) Personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy
• (3) Records of law enforcement agencies not otherwise available to the public and compiled in connection with the detection or investigation of crime, if disclosure would not be in the public interest
• (4) Records pertaining to pending claims, pending litigation, or settlement negotiations
• (5) Trade secrets
• (7) Attorney-client privileged communications
• (9) Records, reports, and statements of strategy or negotiations with respect to collective bargaining
• (10) Communications privileged by the attorney-client relationship
• (17) Educational records exempt under FERPA
• (18) Records concerning security of information technology systems
• (19) Records created by a municipality with respect to the physical security of its facilities

PART IX: PRESERVATION OF RECORDS

The agency is hereby placed on notice that all records responsive to this request must be preserved. Destruction of records in violation of state records retention schedules is prohibited under C.G.S. § 11-8a and the regulations promulgated by the Connecticut State Library.

PART X: APPEAL AND ENFORCEMENT RIGHTS

I understand that, in the event of a denial, I have the following rights:

A. Appeal to the Freedom of Information Commission (C.G.S. § 1-206)

If this request is denied or if the agency fails to respond within the statutory timeframe, I may file a complaint with the Connecticut Freedom of Information Commission within thirty (30) days after the denial. C.G.S. § 1-206(b)(1).

The FOI Commission shall:

1. Hold a hearing on the complaint;
2. Issue a written decision;
3. Order disclosure if the complaint is sustained; and
4. May impose a civil penalty of not less than $20 nor more than $1,000 against the agency if the denial was without reasonable grounds. C.G.S. § 1-206(b)(2).

The FOI Commission contact information:

• Connecticut Freedom of Information Commission
• 18-20 Trinity Street, Suite 205
• Hartford, CT 06106
• Telephone: (860) 566-5682

B. Judicial Review of FOI Commission Decisions

Either party may appeal the FOI Commission's decision to the Superior Court within 45 days of the Commission's decision. C.G.S. § 1-206(d).

C. Direct Judicial Action

Alternatively, I may bypass the FOI Commission and bring a civil action directly in Superior Court to compel disclosure. C.G.S. § 1-206(b)(1).

D. Attorney Fees and Costs

The FOI Commission or the court may award reasonable attorney fees if the denial is found to have been without reasonable grounds. C.G.S. § 1-206(b)(2).

E. Criminal Penalties

A person who willfully destroys, mutilates, or otherwise disposes of a public record, knowing that such record is the subject of a pending request, may be subject to criminal penalties. C.G.S. § 1-240.

I reserve all rights to pursue administrative and judicial remedies available under Connecticut law.

PART XI: ADDITIONAL PROVISIONS

A. No Purpose Requirement

Connecticut FOIA does not require a requester to state a purpose or reason for requesting public records. Any person has standing to request records regardless of their relationship to the subject matter.

B. Duty to Assist

I request that the FOIA officer assist in identifying responsive records and narrowing this request if necessary.

C. Forwarding

If this request has been misdirected, I request that it be forwarded to the appropriate public agency and that I be notified of the forwarding.

D. Communication

All communications regarding this request should be directed to the Requester at the contact information provided in Part I.

PART XII: CERTIFICATION AND SIGNATURE

I certify that this request is made in good faith pursuant to the Connecticut Freedom of Information Act. I understand that the FOIA guarantees every person the right to inspect and copy public records maintained by any public agency.

Signature: ___________________________________

Printed Name: [________________________________]

Title (if applicable): [________________________________]

Organization (if applicable): [________________________________]

Date: [__/__/____]

SOURCES AND REFERENCES

1. Connecticut Freedom of Information Act, C.G.S. § 1-200 et seq.
2. C.G.S. § 1-200(5) - Definition of "public records or files"
3. C.G.S. § 1-206 - Appeal to FOI Commission (30-day deadline; civil penalties $20-$1,000)
4. C.G.S. § 1-206(d) - Judicial review of FOI Commission decisions (45 days to Superior Court)
5. C.G.S. § 1-210(a) - Right of access; prompt disclosure requirement
6. C.G.S. § 1-210(b) - Exemptions from disclosure
7. C.G.S. § 1-211 - Denial procedures; written denial within 4 business days
8. C.G.S. § 1-211(b) - Electronic records production
9. C.G.S. § 1-212 - Fee provisions ($0.25/page state; $0.50/page municipal)
10. C.G.S. § 1-214 - Security-related exemptions (10-business-day response)
11. C.G.S. § 1-240 - Criminal penalties for destruction of records
12. C.G.S. § 11-8a - Records retention and destruction schedules

This template is designed for use in the State of Connecticut under the Freedom of Information Act, C.G.S. § 1-200 et seq. It should be customized to the specific facts of each request and reviewed by a qualified Connecticut attorney before submission. Laws and regulations may change; verify all citations before use.