Sunshine And Shadows

Since its adoption in 1975, Connecticut’s Freedom of Information Act has trained a bright light on some of the shadowy places in state and local government, bringing a healthy transparency to our democratic systems in the state. When it was first enacted, Connecticut’s “Sunshine Law” was a model for other states, presuming that all information, with very few exceptions, collected on behalf of and at the expense of the public should be accessible to the public without restriction.

In the time since, municipalities and courts have pushed back, expanding the scope of information exempt from disclosure citing “privacy” concerns. And following the 9/11 attacks, access to still more information in government files was sealed off in the name of security. But even with this retrenchment of the public’s right to know, Connecticut still has once of the most comprehensive open government laws in the nation.

A survey of every city and town in Fairfield County by journalism students at Fairfield University released this week, however, showed that not one of the 23 municipalities was in full compliance with the provisions of the Freedom of Information Act. Routinely, public officials throughout the county were denying access to information clearly in the public domain, or applying conditions to the release of the information prohibited by the law. Either by ignorance or choice, they were reestablishing the shadowy realms of government that were so boldly exposed 30 years ago.

We are proud to note, however, that Newtown was just one of three towns cited for having “cooperative officials” who were mindful of the provisions of the law and sincere in their willingness to comply. (See story.) Of the three local offices visited by the Fairfield University students — the town clerk’s office, the police department, and the school district offices — only the school office personnel proved to be uninformed about their obligations under the law.

While the Freedom of Information Act is an important tool for journalists, its provisions apply to everyone, not just the media. For the law to remain robust and effective in bringing accountability to the conduct of the public’s business, it is important for citizens to know their rights. Most public documents are available for public inspection without restriction. You do not need to give your name. You do not need to give a reason for wanting the information. You do not need to submit a request in writing. You do not need a lawyer to appeal a request denial to the Freedom of Information Commission. Most simple requests should yield the requested information immediately.

Know your rights under the law. Visit www.state.ct.us/foi/ for the full text of the Freedom of Information Act and a summary of the law’s highlights. Only through continued vigilance will the sun continue to shine on Connecticut’s democratic institutions.