July 11, 2005
The Honorable Susan Bysiewicz
Secretary of the State
20 Trinity Street
Hartford, CT 06106
Dear Madam Secretary:
I am returning to you without my signature House Bill 6774, An Act Concerning Conservation Law Enforcement. House Bill 6774 attempts to exclude from the Connecticut Freedom of Information Act (“FOIA”) “electronic mail messages of any member of or employee of the General Assembly that relate to those persons whom such member represents or that are sent to or by such member or employee.” This proposed exclusion violates the very spirit of this State’s open government statutes. Further, the loophole created within the FOIA is not based on the content of the materials, but rather is based solely on the method in which it was communicated. I will not sign the bill because the public is ill-served by legislation that is overly broad and limits or undermines transparency in government.
The bill sends the wrong message at a time when those of us in government are working to restore the public’s faith and trust. A review of the legislative record reveals that the blanket exclusion of the legislative branch’s electronic mail from the FOIA as proposed in Section 3 of House Bill 6774 was adopted without any public hearing. Both the House of Representatives and Senate adopted the amendment containing the exclusion in the final hours of the legislative session – late at night and without significant debate or discussion. Without public hearings, public testimony and a complete, thoughtful and open discussion of the issues involved, the public is barred from participating in changes to the very laws which are designed to provide access to government. Further, the legislature should not be excluding itself from open government laws through ill-conceived legislation hurriedly adopted on the last night of the session. Such actions fail to respect the public’s right to access and participate in the legislative process.
House Bill 6774 exempts from public disclosure all electronic mail messages of all members and staff of the General Assembly regardless of whether sensitive or personal information is involved. Because the bill focuses on a single method of communication as the sole basis for shielding information from the public, the legislation will inevitably result in denying the public access to information it is otherwise entitled to receive. House Bill 6774 does not construct a narrowly drafted exemption based on legitimate concerns of confidentiality. Rather, the bill excludes any electronic mail regardless of its content and regardless of the legitimate public purpose that may be served by its disclosure. If enacted, House Bill 6774 would even prevent discovery of inappropriate or illicit activity – neither of which should be hidden by operation of the FOIA.
The FOIA presently contains a number of exemptions from disclosure for materials which contain sensitive information or which raise legitimate concerns of personal safety or privacy. The Freedom of Information Commission has a long-standing published opinion stating that records relating to constituent services are not subject to the FOIA. The Commission has held that correspondence relating to a legislator’s assistance or involvement in a constituent’s personal situation is not subject to disclosure under the FOIA. The Commission has also found that the activities of political parties and caucuses are not covered by the FOIA. Thus, House Bill 6774 offers little additional protection to the public and simply shields legislators and their staff from disclosure of records related to their official duties.
Because the broad exemption from the FOIA would erode rather than restore faith and trust in government, I disapprove of House Bill 6774, An Act Concerning Conservation Law Enforcement. Pursuant to Article Four, Section 15 of the Constitution of the State of Connecticut and Article III of the Amendments to the Constitution of the State of Connecticut, I am returning House Bill 6774 without my signature.
Very truly yours,
M. Jodi Rell
Governor
