FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Kenneth A. Hjulstrom,
		Complainants
	against		Docket #FIC 2002-122
Board of Finance, Town of Marlborough,
		Respondents	October 9, 2002

 

The above-captioned matter was heard as a contested case on May 21, 2002, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1.      The respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.      It is found that on March 13, 2002 the respondent held a regular meeting in the town hall of Marlborough.

 

3.      It is found that when the complainant arrived at the town hall building to attend the meeting he found that the doors were locked and by the time he was able to draw the attention of someone who was in the meeting to open the door, the meeting had adjourned.

 

4.      By letter dated March 13, 2002 and filed on March 18, 2002 the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying access to the building in which its meeting was held.

 

5.      Section 1-225(a), G.S., provides in relevant part that “the meetings of all public agencies . . . shall be open to the public.”

 

6.      It is found that other meetings were held on that date during the same time as respondent’s meeting in other parts of the town hall building.

 

7.      It is found that the general rule regarding use of the town hall building after regular business hours is that the last person to leave the building must lock the doors.

 

8.      It is found that when the complainant arrived to attend the meeting, he’d done so after attending another meeting in its entirety and that the respondent’s meeting had long since been underway and many of the other meetings held in the town hall had adjourned.

 

9.      It is found that the doors to the town hall building were locked during at least a portion of the respondent’s March 13, 2002 meeting and thereby prevented members of the public who arrived during that portion from attending the meeting.

 

10.  It is found however that the respondent has no history of denying access to its meetings and that there is no evidence to establish that any of the respondent’s members were responsible for the door being locked.

 

11.  It is found that the door was locked with no intention to deny the complainant, or any others, access to attend the respondent’s meeting.

 

12.  It is therefore concluded that the respondent did not violate the FOI Act as alleged by the complainant.

 

 

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.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 9, 2002.

 

_______________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Kenneth A. Hjulstrom

181 South Main Street

Marlborough, CT 06447

 

Board of Finance,

Town of Marlborough

c/o William S. Fish, Jr., Esq.

Tyler Cooper & Alcorn LLP

CityPlace I, 35th floor

Hartford, CT 06103-3488

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-122/FD/paj/10/10/2002