Freedom of Information, official transparency, cops witholding basic information, focus of Friday hearings

2930The Government Administration & Elections Committee on Friday will hold public hearings on 17 bills, including an attempt to pierce the veil of local police departments department that have been using a 2013 response to the Sandy Hook School massacre as a reason to hold back basic information on homicides and motor vehicle fatalities. It is HB 6750:http://www.cga.ct.gov/2015/TOB/H/2015HB-06750-R00-HB.htm

 The meeting will start at 1 o’clock in Room 2A of the Legislative Office Building. Here’s the full agenda: http://www.cga.ct.gov/2015/gaedata/pha/2015PHA00213-R001300GAE-PHA.htm

Here’s some testimony from Jim Smith, a former editor of the Blogster who is president of the Connecticut Council on Freedom of Information.

“HB 6750 AN ACT EXPANDING THE REQUIREMENT FOR DISCLOSURE OF ARREST RECORDS DURING A PENDING PROSECUTION UNDER THE FREEDOM OF INFORMATION ACT

 

Sen. Cassano, Rep. Jutila, Sen. McLachlan, Rep. Smith, and committee members, The Connecticut Council on Freedom of Information is a nonprofit in its 60th year advocating for open government for the people. I am James H. Smith, CCFOI president. We support HB 6750.

We simply ask the General Assembly to resolve an ambiguity that the Supreme Court recently identified in General Statutes 1-215 and to restore the twenty-year interpretation of the Freedom of Information Commission that resolved the ambiguity in favor of greater openness and transparency.  HB 6750 makes clear that “records of an arrest” — including basic blotter information — must always be released following an arrest. But a blanket exemption covering all documents except “police blotter” or “record of arrest” information while a prosecution is pending is contrary to the public interest.

This legislation makes clear that other records concerning police investigations must be disclosed unless they fall within 1-210(b)(3), the so-called eight law enforcement exemptions, which includes protecting certain information about a pending case if that information is prejudicial to the case. The courts have ruled that an evidentiary hearing is required to show that information is prejudicial.

Because government gives its law enforcement agencies monopoly power over the use of force and incarceration, they pose one of the greatest threats to a democratic form of government, if and when that power is misused or abused. Consequently, a meaningful Freedom of Information law must provide the greatest measure of transparency.”

 

“H.B. 27 AN ACT PROHIBITING THE INTERNET PUBLICATION OF VOTER INFORMATION.

Sen. Cassano, Rep. Jutila, Sen. McLachlan, Rep. Smith, and committee members. The Connecticut Council on Freedom of Information is a nonprofit in its 60th year advocating for open government for the people. I am James H. Smith, CCFOI president. We oppose Senate Bill 27.

The legislation is quite simply an unconstitutional prior restraint on the press in violation of the First Amendment to the U.S. Constitution and Article 1, Section 5 of the Connecticut Constitution: “No law shall ever be passed to curtail or restrain the liberty of speech or of the press.”

In our democracy only a voter’s ballot is secret. Everything else about American voting, whether for dog catcher or for president, is and must remain open if we are to remain a democratic society…”