§ 1-200 — (Formerly Sec. 1-18a). Definitions.

Connecticut § 1-200

• Jurisdiction: Connecticut
• Title 1: Provisions of General Application
• Ch. 14: Freedom of Information Act

Text

As used in this chapter, the following words and phrases have the following meanings, except where such terms are used in a context which clearly indicates the contrary: (1) “Public agency” or “agency” means: (A) Any executive, administrative or legislative office of the state or any political subdivision of the state and any state or town agency, any department, institution, bureau, board, commission, authority or official of the state or of any city, town, borough, municipal corporation, school district, regional district or other district or other political subdivision of the state, including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official, and also includes any judicial office, official, or body or committee thereof but only with respect to its or their administrative functions, and for purposes of this subparagraph, “judicial office” includes, but is not limited to, the Division of Public Defender Services; (B) Any person to the extent such person is deemed to be the functional equivalent of a public agency pursuant to law; or (C) Any “implementing agency”, as defined in section 32-222 . (2) “Meeting” means any hearing or other proceeding of a public agency, any convening or assembly of a quorum of a multimember public agency, and any communication by or to a quorum of a multimember public agency, whether in person or by means of electronic equipment, to discuss or act upon a matter over which the public agency has supervision, control, jurisdiction or advisory power. “Meeting” does not include: Any meeting of a personnel search committee for executive level employment candidates; any chance meeting, or a social meeting neither planned nor intended for the purpose of discussing matters relating to official business; strategy or negotiations with respect to collective bargaining; a caucus of members of a single political party notwithstanding that such members also constitute a quorum of a public agency; an administrative or staff meeting of a single-member public agency; and communication limited to notice of meetings of any public agency or the agendas thereof. A quorum of the members of a public agency who are present at any event which has been noticed and conducted as a meeting of another public agency under the provisions of the Freedom of Information Act shall not be deemed to be holding a meeting of the public agency of which they are members as a result of their presence at such event. (3) “Caucus” means (A) a convening or assembly of the enrolled members of a single political party who are members of a public agency within the state or a political subdivision, or (B) the members of a multimember public agency, which members constitute a majority of the membership of the agency, or the other members of the agency who constitute a minority of the membership of the agency, who register their intention to be considered a majority caucus or minority caucus, as the case may be, for the purposes of the Freedom of Information Act, provided (i) the registration is made with the office of the Secretary of the State for any such public agency of the state, in the office of the clerk of a political subdivision of the state for any public agency of a political subdivision of the state, or in the office of the clerk of each municipal member of any multitown district or agency, (ii) no member is registered in more than one caucus at any one time, (iii) no such member's registration is rescinded during the member's remaining term of office, and (iv) a member may remain a registered member of the majority caucus or minority caucus regardless of whether the member changes his or her party affiliation under chapter 143. (4) “Person” means natural person, partnership, corporation, limited liability company, association or society. (5) “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, videotaped, printed, photostated, photographed or recorded by any other method. (6) “Executive sessions” means a meeting of a public agency at which the public is excluded for one or more of the following purposes: (A) Discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussion be held at an open meeting; (B) strategy and negotiations with respect to pending claims or pending litigation to which the public agency or a member thereof, because of the member's conduct as a member of such agency, is a party until such litigation or claim has been finally adjudicated or otherwise settled; (C) matters concerning security strategy or the deployment of security personnel, or devices affecting public security; (D) discussion of the selection of a site or the lease, sale or purchase of real estate by the state or a political subdivision of the state when publicity regarding such site, lease, sale, purchase or construction would adversely impact the price of such site, lease, sale, purchase or construction until such time as all of the property has been acquired or all proceedings or transactions concerning same have been terminated or abandoned; and (E) discussion of any matter which would result in the disclosure of public records or the information contained therein described in subsection (b) of section 1-210 . (7) “Personnel search committee” means a body appointed by a public agency, whose sole purpose is to recommend to the appointing agency a candidate or candidates for an executive-level employment position. Members of a “personnel search committee” shall not be considered in determining whether there is a quorum of the appointing or any other public agency. (8) “Pending claim” means a written notice to an agency which sets forth a demand for legal relief or which asserts a legal right stating the intention to institute an action in an appropriate forum if such relief or right is not granted. (9) “Pending litigation” means (A) a written notice to an agency which sets forth a demand for legal relief or which asserts a legal right stating the intention to institute an action before a court if such relief or right is not granted by the agency; (B) the service of a complaint against an agency returnable to a court which seeks to enforce or implement legal relief or a legal right; or (C) the agency's consideration of action to enforce or implement legal relief or a legal right. (10) “Freedom of Information Act” means this chapter. (11) “Governmental function” means the administration or management of a program of a public agency, which program has been authorized by law to be administered or managed by a person, where (A) the person receives funding from the public agency for administering or managing the program, (B) the public agency is involved in or regulates to a significant extent such person's administration or management of the program, whether or not such involvement or regulation is direct, pervasive, continuous or day-to-day, and (C) the person participates in the formulation of governmental policies or decisions in connection with the administration or management of the program and such policies or decisions bind the public agency. “Governmental function” shall not include the mere provision of goods or services to a public agency without the delegated responsibility to administer or manage a program of a public agency. (12) “Electronic equipment” means any technology that facilitates real-time public access to meetings, including, but not limited to, telephonic, video or other conferencing platforms. (13) “Electronic transmission” means any form or process of communication not directly involving the physical transfer of paper or another tangible medium, which (A) is capable of being retained, retrieved and reproduced by the recipient, and (B) is retrievable in paper form by the recipient.

Legislative History

(P.A. 75-342, S. 1; P.A. 77-421; 77-609, S. 1, 8; P.A. 83-67, S. 1; 83-372; P.A. 84-546, S. 3, 173; P.A. 87-568, S. 1, 2; P.A. 90-307, S. 2, 5; P.A. 91-140, S. 1, 3; P.A. 93-195, S. 1; P.A. 95-79, S. 2, 189; P.A. 97-47, S. 1; P.A. 00-136, S. 1; P.A. 01-169, S. 1; P.A. 02-130, S. 17; P.A. 11-220, S. 1; P.A. 13-263, S. 7; June Sp. Sess. P.A. 21-2, S. 147.) History: P.A. 77-421 deleted reference to court of common pleas, probate court and juvenile court in Subsec. (a); P.A. 77-609 redefined “meeting” and “executive sessions”; P.A. 83-67 amended Subsec. (a) by including any state, municipal or district authority within the meaning of “agency” or “public agency”; P.A. 83-372 included within the definition of “agency” or “public agency” any committee formed by a body previously defined as an agency or public agency; P.A. 84-546 included committees of authorities in definition of “public agency”; P.A. 87-568 excluded from definition of “meeting” any “meeting of a personnel search committee for executive level employment candidates” and added Subsec. (f), defining “personnel search committee”; P.A. 90-307 added Subsec. (g) re exception to meeting provisions; P.A. 91-140 inserted new Subsecs. (g) and (h), defining “pending claim” and “pending litigation”, and relettered former Subsec. (g) as Subsec. (i); P.A. 93-195 inserted “, or created by,” in definition of “public agency” or “agency” in Subsec. (a); P.A. 95-79 redefined “person” to include a limited liability company, effective May 31, 1995; P.A. 97-47 replaced alphabetic Subdiv. indicators with numbers, transferred quorum provisions (formerly Subdiv. (i)) to Subdiv. (2), defining “meeting”, and added Subdiv. (10) defining “Freedom of Information Act”; Sec. 1-18a transferred to Sec. 1-200 in 1999; P.A. 00-136 redefined “public agency” in Subdiv. (1) to include implementing agencies, as defined in Sec. 32-222; P.A. 01-169 amended definition of “public agency” in Subdiv. (1) by making technical changes, dividing Subdiv. into Subparas. and adding Subpara. (B) to include any person to extent such person is deemed the functional equivalent of a public agency, amended definition of “public records or files” in Subdiv. (5) by adding “or to which a public agency is entitled to receive a copy by law or contract under section 1-218”, made a technical change for the purposes of gender neutrality in Subdiv. (6) and added Subdiv. (11) defining “governmental function”; P.A. 02-130 made a technical change in Subdiv. (1)(C), substituted “does not” for “shall not” in Subdiv. (2) and amended definition of “caucus” in Subdiv. (3) to designate existing provisions as Subpara. (A) and add Subpara. (B) re members of a multimember public agency, effective May 10, 2002; P.A. 11-220 amended Subdiv. (1)(A) to define “judicial office”; P.A. 13-263 redefined “executive sessions” in Subdiv. (6)(D), effective July 11, 2013; June Sp. Sess. P.A. 21-2 made a technical change, redefined “public records or files” in Subdiv. (5), added Subdiv. (12) defining “electronic equipment”, and added Subdiv. (13) defining “electronic transmission”, effective June 23, 2021. Annotations to former section 1-18a: Cited. 174 C. 308; 181 C. 324; 182 C. 142; 184 C. 102; 190 C. 235; 192 C. 310; 204 C. 609; 205 C. 767; 206 C. 449; 207 C. 698; 208 C. 442; 209 C. 204; 210 C. 590; Id., 646; 212 C. 100; 213 C. 126; Id., 216; 214 C. 312; 216 C. 253; 217 C. 153; Id., 193; 218 C. 256; Id., 757; 220 C. 225; 221 C. 217; Id., 300; Id., 393; Id., 482; Id., 549; 222 C. 621; 227 C. 641; Id., 848; 228 C. 158; Id., 271; 234 C. 704; 240 C. 1. Cited. 4 CA 468; 14 CA 380; judgment reversed, see 210 C. 646; 16 CA 49; 19 CA 352; Id., 539; 20 CA 671; 22 CA 316; 29 CA 821; 31 CA 690; 35 CA 111; 37 CA 589; 42 CA 402; 43 CA 133; 51 CA 100. Cited. 41 CS 31; Id., 267; 42 CS 84; Id. 129; Id., 291. Subsec. (a): Woodstock Academy deemed a “public agency” within meaning of statute. 181 C. 544. Rules committee of Superior Court does not perform “administrative functions” within meaning of statute and is not subject to provisions of the Freedom of Information Act. 192 C. 234. Cited. 204 C. 609. Exercise of administrative functions and adjudication discussed. 209 C. 204. Connecticut Humane Society not a public agency within meaning of section; applications of section discussed. 218 C. 757. “Committee” under section refers only to subunits composed entirely of public agency members. 219 C. 685. Cited. 221 C. 217; Id. 300; Id., 835. Cited. 18 CA 291; 19 CA 352; 36 CA 155; 42 CA 519; Id., 700; judgment reversed, see 240 C. 835; 43 CA 133. Domestic Violence Services of Greater New Haven, Inc. not a public agency within meaning of statute; “functional equivalent” test discussed. 47 CA 466. Gathering of 4 selectmen, chairman of board of finance and town controller to discuss future meeting of board of selectmen not a meeting of the board of selectmen since less than a quorum of board present at the gathering. 48 CA 529. Cited. 39 CS 257; 42 CS 129; 44 CS 230. Subsec. (b): Cited. 201 C. 685; 230 C. 441; 231 C. 922. Section must be construed to contemplate a bifurcated grievance hearing; judgments of Appellate Court in 42 CA 700 reversed. 240 C. 835. Cited. 19 CA 352; 42 CA 402. Grievance hearings involve “negotiations with respect to collective bargaining” pursuant to the statutory exception of section. Id., 700; judgment reversed, see 240 C. 835. Grievance arbitration hearings before Board of Mediation and Arbitration are not public meetings within the meaning of section. 43 CA 133. Gathering of Republican members of board of aldermen attended by persons other than Republicans was not a caucus under Subsec. but a public meeting subject to the notice and record requirements of Secs. 1-7 to 1-21k; when members of a public agency who are of the same political party gather for the limited purpose of discussing and deciding the party's position on matters to come before the agency, that gathering is a caucus under Subsec. 36 CS 117. Cited. 39 CS 56; 42 CS 84. Subsec. (c): Cited. 221 C. 217; 222 C. 361; 234 C. 624. Subsec. (d): Cited. 204 C. 609; 228 C. 158. Cited. 4 CA 216; 44 CA 622. Certain affidavits of town employees and officers prepared by the town attorney's office to assist town attorney in defending the town against complaint not public records since prepared by town attorney who is not town employee for his use and not for use of public agency. 48 CA 522. Subsec. (e): Cited. 182 C. 138; 192 C. 183; 198 C. 498; 199 C. 451. Subdiv. (1): Court interpreted “appointment” to include term “filling a vacancy” used in Sec. 10-219. 213 C. 216. Subdiv. (2): Term “pending claim” discussed. 217 C. 153. Cited. 221 C. 217; 240 C. 835. Cited. 2 CA 600; 14 CA 380; judgment reversed, see 210 C. 646; 19 CA 539; 20 CA 671; 42 CA 402. Subdiv. (1): “Filling a vacancy” as used in Sec. 10-219 constitutes “appointment” within meaning of this section. 41 CS 267. Subsec. (h): Any action, not restricted to legal action, to implement legal relief or enforce a legal right concerns “pending litigation”. 243 C. 427. Annotations to present section: Order that documents be disclosed under section was proper. 54 CA 373. Instructors in master gardener program at University of Connecticut who do not perform governmental function within meaning of Subdiv. (11) and have no power to govern, regulate or make decisions affecting government do not constitute public agencies under Subdiv. (1). 90 CA 101. Subdiv. (1): In Subpara. (A), “administrative functions” of Judicial Branch means activities related to budget, personnel, facilities and physical operations. 278 C. 28. Arbitration panel established pursuant to the Teacher Negotiation Act, Sec. 10-153f, is not required to disclose information re arbitration negotiations because panel is not a “committee” or “subunit of a committee” of a public agency for purposes of chapter. 314 C. 802. Subdiv. (2): Grievance arbitration proceedings are not meetings within meaning of section. 244 C. 487. Because a “hearing or other proceeding” does not require a quorum of a public agency's members to constitute a meeting, a group comprising less than a quorum of a public agency may conduct a “hearing or other proceeding” when it has the express authority to take action; gathering of leadership group was not a “hearing or other proceeding of a public agency” and therefore, was not a “meeting”. 338 C. 310. Predisciplinary employee conference is not a “meeting”. 48 CA 424. Gathering of leadership group of less than a quorum was not a “meeting” within meaning of Subdiv. because the gathering did not serve an adjudicatory function within the plain meaning of “hearing” and “proceeding”, but instead constituted a “convening or assembly”. 191 CA 648; judgment affirmed on alternate grounds, see 338 C. 310. Subdiv. (5): Documents that are not created by an agency, but come into its possession because there was probable cause to believe that they constitute evidence of an offense or evidence that a particular person participated in commission of an offense, relate to the conduct of the public's business and are public records. 330 C. 372. A log created by an employee is still a public record if it relates to the “conduct of the public's business” and was “received” by the town, using the plain meaning of those terms. 224 CA 155. Subdiv. (6): It was not permissible for board to convene in executive session to discuss assertions set forth by complainant in a letter because board would not be a party to any potential future claim with respect to the letter and there was no pending claim set forth in the letter. 310 C. 276. Zoning commission's executive session was not justified under the pending claims or pending litigation exception. 316 C. 1. Subdiv. (8): There was no pending claim because complainants' letter did not actually or expressly demand relief or state an intent to institute an action if relief was not granted; a pending claim must involve legal relief or a right that is personal to the asserting party. 310 C. 276.