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New rules relating to FOIA enforcement-may not need to go to FOI Commission

davidmcbeth

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http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=10787652

The New Britain court, in case # HHB-CV16-5017349 (memo ^^^) noted (pg 8, 1st paragraph)
that a person who files multiple complaints at the freedom of information commission may not have his cases heard there, solely because of filing multiple cases and regardless of the merits of the various cases.

So, it appears now as if filing a case at the FOIC is not mandatory and for those that file multiple cases, a futile and useless thing to do.

So where would a person file a complaint relating to a violation of the Act now? Well, one could still file at the FIC and if bounced out, then file at the claims commission (if a state agency ~ you cannot sue a state agency directly) or at your local superior court. But the law cannot make you do a useless thing so the need to exhaust admin remedies is no longer required.



If you have cases pending at the commission for records, I would say ask for the records again and if denied, file a claim either in superior court or at the claims commission. If its a meeting violation and one issue is lack of minutes...then everyday no meetings are produced is seen as a new cause of action and a complaint can be filed w/o the need for anything else (again either at claims commission or superior court).


And since the court noted these limits the FOI commission would have no choice but not to hear cases regardless of their merits. CGS Sec. 1-206 notes this.
 
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