Sec. 1-214. (Formerly Sec. 1-20a). Public employment contracts as public record. Objection to disclosure of personnel or medical files.
Sec. 1-214. (Formerly Sec. 1-20a). Public employment contracts as public record. Objection to disclosure of personnel or medical files. (a) Any contract of employment to which the state or a political subdivision of the state is a party shall be deemed
to be a public record for the purposes of section 1-210.
(b) Whenever a public agency receives a request to inspect or copy records contained in any of its employees' personnel or medical files and similar files and the agency
reasonably believes that the disclosure of such records would legally constitute an invasion of privacy, the agency shall immediately notify in writing (1) each employee concerned, provided such notice shall not be required to be in writing where impractical
due to the large number of employees concerned and (2) the collective bargaining representative, if any, of each employee concerned. Nothing herein shall require an agency
to withhold from disclosure the contents of personnel or medical files and similar files
when it does not reasonably believe that such disclosure would legally constitute an
invasion of personal privacy.
(c) A public agency which has provided notice under subsection (b) of this section
shall disclose the records requested unless it receives a written objection from the employee concerned or the employee's collective bargaining representative, if any, within
seven business days from the receipt by the employee or such collective bargaining
representative of the notice or, if there is no evidence of receipt of written notice, not
later than nine business days from the date the notice is actually mailed, sent, posted or
otherwise given. Each objection filed under this subsection shall be on a form prescribed
by the public agency, which shall consist of a statement to be signed by the employee
or the employee's collective bargaining representative, under the penalties of false statement, that to the best of his knowledge, information and belief there is good ground to
support it and that the objection is not interposed for delay. Upon the filing of an objection
as provided in this subsection, the agency shall not disclose the requested records unless
ordered to do so by the Freedom of Information Commission pursuant to section 1-206.
Failure to comply with a request to inspect or copy records under this section shall
constitute a denial for the purposes of section 1-206. Notwithstanding any provision of
this subsection or subsection (b) of section 1-206 to the contrary, if an employee's
collective bargaining representative files a written objection under this subsection, the
employee may subsequently approve the disclosure of the records requested by submitting a written notice to the public agency.
(P.A. 73-271; P.A. 78-331, S. 1, 58; P.A. 87-285, S. 1; P.A. 88-353, S. 1, 4; P.A. 92-207, S. 1.)
History: P.A. 78-331 deleted reference to repealed Sec. 1-20; P.A. 87-285 added Subsecs. (b) and (c), granting employees
the right to object to the disclosure of their personnel or medical files and establishing standards and procedures for such
objections; P.A. 88-353 added Subsec. (b)(2) re notice to collective bargaining representative, and amended Subsec. (c)
to allow collective bargaining representative to object to disclosure of records, to require objection to be on agency form
signed under penalties of false statement and to allow employee to approve disclosure if collective bargaining representative
objects; P.A. 92-207 amended Subsec. (c) by increasing the number of days for receiving a written objection from an
employee or collective bargaining representative re disclosure of records from four to seven and increasing the time limit
re the nonreceipt of the written notice from seven to nine; Sec. 1-20a transferred to Sec. 1-214 in 1999.
Annotations to former section 1-20a:
Connecticut Freedom of Information Act, Secs. 1-7-1-21k, cited. 206 C. 449. 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; Id., 549. Freedom of Information Act
(FOIA) cited. 222 C. 621. Cited. 227 C. 751. Freedom of Information Act (FOIA) cited. 228 C. 158. Cited. Id., 271.
Freedom of Information Act cited. Id. Cited. 233 C. 28.
Freedom of Information Act (FOIA) cited. 16 CA 49; 22 CA 316. Freedom of Information Act (FOIA) cited. 29 CA
821. Freedom of Information Act (FOIA) cited. 35 CA 111. 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.
Freedom of Information Act cited. 42 CS 84; Id., 129; Id., 291.
Subsec. (b):
Cited. 228 C. 158.
Commission must ensure that an employee whose records are the subject of an appeal has received notice of proceedings
where the employer has failed to give required notice. 60 CA 584.
Annotation to present section:
Subsec. (b):
Commission must ensure that employee whose records are the subject of an appeal has received notice of proceedings
where employer has failed to give required notice. 60 CA 584.