Government Administration and Elections Committee
JOINT FAVORABLE REPORT
Bill No.: SB-467
AN ACT EXTENDING PERMITTING REMOTE PUBLIC MEETINGS UNDER
Title: THE FREEDOM OF INFORMATION ACT THROUGH DECEMBER 31, 2022.
Vote Date: 3/29/2022
Vote Action: Joint Favorable Substitute
PH Date: 3/25/2022
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Government Administration and Elections Committee
REASONS FOR BILL:
Currently under the Freedom of Information Act public agencies can hold public meeting via
electronic submission/hybrid this provision is set to expire on April 30, 2022. This bill would
extend the ability for public meetings to be held via electronic transmission/hybrid until
December 31, 2022. During the pandemic the electronic transmission/hybrid model kept the
government functioning and was working well. Electronic transmission of public hearings
made it more accessible for people to participate in the legislative process and any other
public meeting. Proposed substitute language changes include line 8 in raised bill, "through
December 31, 2022" is removed.
RESPONSE FROM ADMINISTRATION/AGENCY:
Colleen M. Murphy, Executive Director and General Counsel, Freedom of Information
Commission (FOI)
FOI supports this bill, though it finds it troubling that it establishes a new a sunset provision to
take effect 8 months later. With provisions set to expire on April 30, 2022, many public
agencies are questioning how to proceed May 1, 2022 and have expressed concerns about
maintaining government efficiency without a clear path forward. The FOI commission
suggests a provision in section 149 of Public Act 21-2 allowing agencies to use electronic
equipment for its public meetings be codified in the FOI Act without a sunset date. They
believe it will lead to less confusion.
Jason E. Bowsza, First Selectman, Town of East Windsor Locks
The ability to conduct public meetings remotely during Covid-19 emergency has been critical
to allow the continuity of government at the local level. It allowed public access while keeping
participants safe. Allowing the interactive/hybrid model to continue until December 31, 2022
will allow transparency to the government process and he believes is in concert to the
Freedom of Information Act.
NATURE AND SOURCES OF SUPPORT:
John Filchak, Executive Director, Northeastern Connecticut Council of Governments
(NECCOG)
This bill is like HB5269 which was heard by the P&D Committee earlier in the session which
would indefinitely extend the option to have public meetings remotely. In the view of
NECCOG, allowing remote meetings is in the best interest of our state and should be
continued. During the pandemic the use of remote meetings was not only essential to the
continuity of government- but it also opened the door to broader participation.
Kathy Flaherty, Executive Director of Connecticut Legal Rights Project, Inc. (CLRP)
CLRP suggests that the committee consider removing the sunset date of December 31, 2022
and allow public meetings permissible on a permanent basis. Allowing meetings to be held
remotely was in response to the COVID-19 pandemic, the pandemic is not over. It also
showed that public meetings remotely were an effective way to hold meetings. As CT moves
to improve broadband internet for all, holding meetings remotely removes barriers such as
transportation and responsibilities for caregiving as obstacles to participation in public
meetings.
Betsy Gara, Executive Director, Connecticut Council of Small Towns
Municipalities have become comfortable holding remote and hybrid meetings under the
provisions currently in place. Making any changes to the way such meetings are conducted
at this time may create unnecessary confusion, particularly since the current provisions
expire on April 30, 2022, and towns are in the process of holding meetings to finalize
budgets. COST also supports HB5269 in the P&D Committee which extends the current
authority to hold remote meetings indefinitely.
Michele Jaklin, Vice President and Legislative Co-Chair of the Connecticut Council on
Freedom of Information (CCFOI).
CCFOI supports this bill extending remote public meetings under the FOIA through
December 31, 2022. As it stands this guarantee is due to lapse. Given the uncertainty of the
COVID-19 pandemic and the ongoing dangers to the public, especially seniors and the
immunocompromised, this proposal is a necessary public health measure.
NATURE AND SOURCES OF OPPOSITION:
Connecticut Conference of Municipalities (CCM)
CCM opposes this bill as written. They recommend simply removing the end or sunset date
altogether. Removing the sunset date effectively codifies the recommendations of the
Advisory Commission of Intergovernmental Relations (ACIR) who was tasked with reviewing
and analyzing, in consultation with the FOI Commission and CT Association of Municipal
Attorneys, on how best to hold remote or hybrid meetings at a municipal level. Currently the
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use of remote/hybrid meetings will most likely occur the first week of May when towns are
conducting municipal budget season. Cities and towns want to preserve the ability to hold
remote/hybrid meetings. Removing the sunset date altogether will relieve the pressure and
uncertainty municipalities would fact if it was to remain or be pushed out to December 31,
2022 as this proposal contemplates.
Reported by: Bonnie Gray Date: 03/29/2022
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