Sec. 1-200. (Formerly Sec. 1-18a). Definitions.
Sec. 1-200. (Formerly Sec. 1-18a). Definitions. As used in this chapter, the following words and phrases shall 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;
(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,
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 a political subdivision of the state when publicity regarding such site, lease, sale, purchase or construction
would cause a likelihood of increased price 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.
(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.)
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.
Annotations to former section 1-18a:
Cited. 174 C. 308. Cited. 181 C. 324. Cited. 182 C. 142. Cited. 184 C. 102. Cited. 190 C. 235. Cited. 192 C. 310.
Freedom of Information Act cited. 204 C. 609; 205 C. 767; 206 C. 449; 207 C. 698. Cited. 208 C. 442; 210 C. 590; 212
C. 100. Freedom of Information Act cited. 208 C. 442; 209 C. 204; 210 C. 590; Id., 646; 212 C. 100; 213 C. 126; Id., 216.
Freedom of Information Act (FOIA) cited. 214 C. 312. Cited. 216 C. 253. Freedom of Information Act (FOIA) cited. Id.
FOIA, Freedom of Information Act cited. 217 C. 153. Freedom of Information Act (FOIA) cited. Id., 193. Freedom of
Information Act cited. 218 C. 256. Freedom of Information Act (FOIA), Sec. 1-18a et seq. cited. Id., 757; 220 C. 225.
Freedom of Information Act (FOIA) cited. 221 C. 217; Id., 300; Id., 393. Freedom of Information Act cited. Id., 482. Cited.
Id., 549. Freedom of Information Act cited. Id. Freedom of Information Act (FOIA) cited. 222 C. 621. Cited. 227 C. 641;
Id., 848. Freedom of Information Act (FOIA) cited. 228 C. 158. Freedom of Information Act cited. Id., 271. Cited. 234 C.
704. Cited. 240 C. 1.
Freedom of Information Act cited. 4 CA 468; 14 CA 380; judgment reversed, see 210 C. 646. Freedom of Information
Act cited. 16 CA 49; 19 CA 352; Id., 539; 20 CA 671. Freedom of Information Act (FOIA) cited. 22 CA 316. Freedom
of Information Act (FOIA) cited. 29 CA. Cited. 31 CA 690. Cited. 35 CA 111. Freedom of Information Act (FOIA) cited.
Id. Freedom of Information Act (FOIA) Sec. 1-15 et seq. cited. 37 CA 589. Freedom of Information Act, Sec. 1-15 et seq.
cited. 42 CA 402. Freedom of Information Act cited. 43 CA 133. Cited. 51 CA 100.
Freedom of Information Act cited. 41 CS 31; Id., 267. Cited. 42 CS 84. Freedom of Information Act cited. Id. P.A. 91-140, Sec. 1 cited. Id. Freedom of Information Act cited. Id. 129. Cited. Id., 291. Freedom of Information Act cited. Id.
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 the statute and is not subject to the 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.
P.A. 83-372 cited. Id. Cited. 221 C. 217; Id. 300; Id., 835.
Cited. 18 CA 291. Cited. 19 CA 352. Cited. 36 CA 155. Cited. 42 CA 519; Id., 700; judgment reversed, see 240 C.
835. Cited. 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 four 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. Cited. 42 CS 129. Cited. 44 CS 230.
Subsec. (b):
Cited. 201 C. 685. Cited. 230 C. 441. Cited. 231 C. 922. Section must be construed to contemplate a bifurcated grievance
hearing; judgments of appellate court in Waterbury Teachers Assn. v. Freedom of Information Commission, 42 CA 700
reversed. 240 C. 835.
Cited. 19 CA 352. Cited. 42 CA 402. Grievance hearings involve "negotiations with respect to collective bargaining"
pursuant to the statutory exception of the 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 the section. 43 CA 133.
Gathering of Republican members of board of aldermen attended by persons other than Republicans was not a caucus
under this subsection but a public meeting subject to the notice and record requirements of sections 1-7 to 1-21k. 36 CS
117. 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 this subsection.
Id. Cited. 39 CS 56. Cited. 42 CS 84.
Subsec. (c):
Cited. 221 C. 217. Cited. 222 C. 361. Cited. 234 C. 624.
Subsec. (d):
Cited. 204 C. 609. Cited. 228 C. 158.
Cited. 4 CA 216. Cited. 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. Cited. 192 C. 183. Cited. 198 C. 498. Subdiv. (1) cited. 199 C. 451. Cited. 213 C. 216. Subdiv. (1):
Court interpreted "appointment" to include term "filling a vacancy" used in Sec. 10-219. Id. Cited. 217 C. 153. Subdiv.
(2): Term "pending claim" discussed. Id. Cited. 221 C. 217. Subdiv. (1) cited. 240 C. 835. Subdiv. (2) cited. Id.
Cited. 2 CA 600. Cited. 14 CA 380; judgment reversed, see 210 C. 646. Cited. 19 CA 539. Subdivs. (1) and (5) cited.
20 CA 671. Cited. 42 CA 402.
Cited. 41 CS 267. Subdiv. (1): "Filling a vacancy" as used in Sec. 10-219 constitutes "appointment" within meaning
of this section. Id.
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. 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.
Subdiv. (2):
Grievance arbitration proceedings are not meetings within meaning of section. 244 C. 487.
Predisciplinary employee conference is not a "meeting". 48 CA 424.