FOI Commission attorney tells ARDAC the council is subject to Connecticut Freedom of Information Act

Attorney Russell Blair of the Connecticut Freedom of Information Commission told the Advisory Council on Rare Diseases (ARDAC) during its June virtual meeting that the council is subject to the Connecticut Freedom of Information Act because it was created by the legislature and advises the Department of Public Health.

"The Freedom of Information Act ... applies to anybody that is considered to be a public agency," Blair said, explaining the legal basis and the practical obligations it creates for advisory bodies.

Blair outlined specific requirements that ARDAC should follow: post meeting agendas in advance (24 hours for regular meetings; a virtual component should be posted 48 hours ahead when applicable), record and post online-only meetings, and file minutes (seven calendar days for regular meeting minutes and seven business days for special meetings). He said recordings for online meetings must be posted within seven days and remain available for at least 45 days.

The attorney also described what counts as a public meeting and what does not, noting that formal subcommittees and any gathering that reaches a quorum to discuss council business may need to follow FOIA posting and minute-taking rules. Executive sessions are allowed only for limited, statutory reasons such as certain personnel or litigation matters; votes or decisions must be taken in public.

Blair warned that records generated in the course of council business, including emails among members about council matters, are likely public records and could be subject to a FOIA request unless a specific statutory exemption applies. He urged caution with email correspondence and suggested retaining records according to retention rules rather than deleting them to avoid gaps if a requester seeks them.

Council members raised questions about how the rules apply to subcommittees and to email exchanges among the executive team. Blair said subcommittees that are structurally part of the council and include members of the public should comply with FOIA; emails exchanged about council business are generally public records and could be requested. He also noted limited exemptions for drafts and attorney-client privileged materials in some legislative or legal-drafting contexts.

The guidance clarified practical next steps for the council: ensure agendas and meeting links are posted to the Secretary of State calendar and the council website on the required timetable, record virtual meetings and post recordings, maintain timely minutes, and be mindful that council-related communications can be discoverable under FOIA.

The presentation concluded with an offer from Blair to assist the council if a complaint or a request arose; council members thanked him and discussed follow-up checks with DPH staff on whether subcommittee meetings should be posted publicly.

The FOIA presentation occupied the bulk of the meeting; later agenda items turned to bylaws and planning for a July public meeting.