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 2002-123
Public Building Commission, 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 the complainant requested a copy of the minutes of the respondent’s February 20, 2002 meeting on March 13, 2002 and was told that they were not available.

 

3.      By letter dated March 14, 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 failing to have the minutes of its February 20, 2002 meeting available for inspection within seven days.

 

4.      Section 1-225(a), G.S., provides in relevant part that the minutes of a public agency “. . . shall be available for public inspection within seven days of the session to which they refer.”

 

5.      It is found that the respondent held a regular meeting on February 20, 2002.

 

6.      It is also found that the respondent’s clerk was responsible for transcribing the minutes of its meetings, however, she resigned on February 1, 2002.

 

7.      It is found that due to extenuating circumstances surrounding the clerk’s resignation, the director of planning and development for the town of Marlborough had instructed his personal secretary to transcribe the minutes of the respondent’s February meeting, however, as of March 5, 2002 she had not.

 

8.      It is found that once the director of planning and development discovered that the minutes had not been transcribed, he undertook the task of transcribing the minutes, which took an extended period of time due to his inexperience.

 

9.      It is found that the minutes were available for copying and inspection on March 13, 2002, shortly after the complainant made his request. 

 

10.  It is concluded that while there were mitigating circumstances surrounding the respondent’s delayed production of its February 20, 2002 regular meeting minutes, the respondent failed to make the minutes of that meeting available for public inspection within seven days and thereby violated §1-225(a), G.S.

 

 

On the basis of the record concerning the above-captioned complaint, no order is recommended by the Commission.

 

 

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

 

Public Building Commission,

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/2002-123/FD/paj/10/11/2002