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Confidentiality
Policy of the
Putnam
Economic Development Commission
In
the event of a Freedom of Information Act request to disclose
records received by or on file with the Economic Development
Commission, the Commission may exercise an exemption from
disclosure requirements of the Freedom of Information Act
and respond to the record request with an indication that
the record is “Not a Public Record” to the extent:
(1)
that the individual providing or establishing the record has
previously and expressly declared in writing a bona fide basis
for an exemption under the Freedom of Information Act, and
(2)
that the Putnam Economic Development Commission, through its
agents, shall have acknowledged in writing at the time of
establishing the record that it had received and/or created
confidential information for purposes of evaluating a business
or individual as a candidate for locating in the Town of Putnam
or for financial or other assistance (including financial
and/or operational information about the business or individual
and the fact that the business or individual is considering
a relocation or seeking financial assistance), and
(3)
that the Commission, through its agents, has determined that
the public interest in withholding such records clearly outweighs
the public interest in disclosure.
The
following grounds for nondisclosure shall be considered as
an appropriate claim for exemption under the Connecticut Freedom
of Information Act (§1-210 of the Connecticut General
Statutes):
a.
Trade secrets, including formulas, patterns, compilations,
programs, devices, methods, techniques, processes, drawings,
cost data, or customer lists that (1) derive independent economic
value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by,
other persons who can obtain economic value from its disclosure
or use, and (2) are the subject of efforts that are reasonable
under the circumstances to maintain secrecy;
b.
Commercial or financial information given in confidence, not
required by statute;
c.
Contents of real estate appraisals, engineering or feasibility
estimates and evaluations made for or by the Commission, until
the subject property has been acquired or the acquisition
has been terminated or abandoned;
d.
Records, tax returns, reports, and statements otherwise exempted
by federal or state law or communications privileged by the
attorney-client relationship;
e.
Records pertaining to strategy and negotiations with respect
to pending claims or pending litigation to which the Commission
is a party, until such litigation or claim has been finally
adjudicated or otherwise settled;
f.
Preliminary notes marked as such; or
g.
Preliminary draft of a memorandum, prepared by a member of
the staff of a public agency, which is subject to revision
prior to submission to or discussion among members of the
agency.
No
record established as “Not a Public Record” pursuant
to this policy shall be released without a vote of the Putnam
Economic Development Commission.
In
the event of any conflict between the Commission’s Confidentiality
Policy and the Freedom of Information Act, the provisions
of the Connecticut Freedom of Information Act shall prevail.
Adopted June 11, 2002
Adopted
June 11, 2002
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