FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                         FINAL DECISION

 

Stephen J. Link,

 

                        Complainant

 

            against                                                       Docket #FIC 89-82

 

Chairman, Easton Board of Finance,

 

                        Respondent                                               October 11, 1989

 

            The above-captioned matter was scheduled for hearing as a contested case on August 14, 1989, at which time the complainant and the respondent appeared and presented evidence, testimony, and argument on the complaint.  The matter was concluded, and reopened by agreement of the parties on August 14, 1989, so that the complainant could have opportunity to present all the evidence he had which he deemed necessary for his case.

 

            After consideration of the entire record, the following facts are found:

 

            1.         The respondent is a public agency within the meaning of §1-18a(a), G.S.

 

            2.         In a complaint filed with the Commission on March 6, 1989, the complainant alleged that the respondent denied him opportunity to speak at a meeting, and also denied his requests for financial information.

 

            3.         At hearing the respondent asked the Commission to dismiss the complaint because the complainant failed to state any violations of the Freedom of Information Act.

 

            4.         It is found that the Freedom of Information Act does not provide the public with any right to speak at a meeting.

 

            5.         It is found that the complainant failed to prove he made a request for access to records within thirty days of filing his complaint with the Commission.

 

            6.         It is found that, pursuant to §1-21i(b), G.S., the Commission has no jurisdiction over violations occurring outside the thirty days prior to the date the complainant filed his complaint.

 

Docket #FIC 89-82                                        page two

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

            1.         The complaint is hereby dismissed.

 

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

STEPHEN J. LINK

P.O. Box 317

Easton, CT 06612

 

CHAIRMAN, EASTON BOARD OF FINANCE

c/o Michael P. A. Williams, Esquire

Marsh, Day & Calhoun

2507 Post Road

Southport, CT 06490

 

            Approved by order of the Freedom of Information Commission at its regular meeting of October 11, 1989.

 

                                                                                                   

                                                                             Tina C. Frappier

                                                                             Acting Clerk of the Commission