Public Act 00-136 requires the FOI Commission to create, publish and provide to the chief elected official of each municipality a model ordinance concerning the establishment by any municipality of a municipal freedom of information advisory board. Below is the model ordinance adopted by the FOI Commission at its meeting on December 13, 2000. Municipalities may now adopt the model ordinance and establish a local freedom of information advisory board. For further information concerning the model ordinance, contact Colleen Murphy, the Commissions Managing Director and Associate General Counsel.
STATE OF CONNECTICUT
FREEDOM OF INFORMATION COMMISSION
MODEL ORDINANCE CREATING A MUNICIPAL
FREEDOM OF INFORMATION ADVISORY BOARD
(Adopted December 13, 2000 pursuant to
Section 1-205(f) of the Connecticut General Statutes)
[Note: The form of, and enumeration in the model ordinance set forth below are illustrative only. Any municipality adopting the model ordinance may adjust the form and enumeration to meet its own protocol. Each municipality adopting the model ordinance shall also insert where indicated the name of the municipality, the title of its chief elected official and specific dates for the commencement and conclusion of terms by board members. No other deviations from the model ordinance are permitted.]
Pursuant to the authority granted in Public Act 136, Section 7, of the 2000 Session of the Connecticut General Assembly, the following ordinance is hereby enacted:
(1) Be it resolved that the ______________ (name of municipality) hereby establishes a Freedom of Information Advisory Board. The purpose of the Freedom of Information Advisory Board is to foster compliance with the state Freedom of Information Act.
(2) The Freedom of Information Advisory Board shall consist of three members who shall be appointed in accordance with procedures adopted by the ____________ (legislative body of the municipality, e.g. town council, board of aldermen).
(3) No more than two members of the Freedom of Information Advisory Board shall be members of the same political party.
(4) The members of the Freedom of Information Advisory Board shall designate one of its members to be the chairperson.
(5) Within thirty days after the adoption of this ordinance, in accordance with procedures adopted by the ____________ (legislative body of the municipality, e.g. town council, board of aldermen), the initial three members of the Freedom of Information Advisory Board shall be appointed for the following terms: one shall serve for a period of three years from the date of appointment; one shall serve for a period of two years from the date of appointment of the person first appointed to serve a three-year term; and one shall serve from the date of appointment for a period of one year from the date of appointment of the person first appointed to serve a three-year term. Successor members of the Freedom of Information Advisory Board shall be appointed for three-year terms commencing on the day after the date on which the term of their predecessor expires.
(6) Any vacancies on the Freedom of Information Advisory Board by reason other than the expiration of the term of office shall be filled by appointment, in accordance with procedures adopted by the ____________ (legislative body of the municipality, e.g. town council, board of aldermen) for the remainder of the term within thirty days after such vacancy occurs. Any vacancy on the Freedom of Information Advisory Board shall not impair the right of the remaining members to exercise all the powers of the board.
(7) The Freedom of Information Advisory Board shall have the following duties:
(a) the board, or a member thereof, shall act as liaison to the state Freedom of Information Commission for educational purposes and the members of such board shall keep current of the requirements of the state Freedom of Information Act, as interpreted by the state Freedom of Information Commission and courts, and any other laws, rulings and materials related to such act;
(b) provide information and education to municipal officials and employees, and all other persons seeking information or education, concerning the state Freedom of Information Act, its interpretation by the state Freedom of Information Commission and courts, and any other laws, rulings and materials related to such act;
(c) facilitate the dissemination to municipal officials and employees, and all other persons, of any materials provided to such board by the state Freedom of Information Commission;
(d) make recommendations to municipal officials concerning the application and implementation of the state Freedom of Information Act;
(e) provide interested persons with information concerning the filing of complaints with the state Freedom of Information Commission; and
(f) make recommendations to the state Freedom of Information Commission concerning proposed changes to state law relating to freedom of information.
(8) In addition, the Freedom of Information Advisory Board may attempt to facilitate the resolution of freedom of information disputes with agencies, but shall not impede in any way a persons right to a speedy appeal to the state Freedom of Information Commission or a speedy determination of such appeal by such commission.
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