FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Richard R.
Lindquist,
Complainant
against Docket #FIC 86-46
Assistant Dean
of Finance, UCONN Medical School of the State of Connecticut,
Respondent March 26, 1986
The above-captioned matter was heard
as a contested case on March 5, 1986, at which time the complainant and the
respondent appeared and presented testimony, exhibits and argument on the
complaint.
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
mid-January, 1986 the respondent was asked to assist in obtaining information
needed for a survey being conducted by the research committee of the medical
faculty council. The complainant is the
chairman of the research committee and a member of the faculty of the
department of pathology of the University of Connecticut School of Medicine. The respondent agreed to assist and asked
that the complainant submit a written request for such assistance.
3. By
letter dated January 22, 1986 the complainant made a request of the respondent
for access to records of the pathology department's salary support on grants
(hereinafter "SSOG") income and itemized disbursements for the last 3
years.
4. The
respondent contacted the department head of pathology, Dr. Irving
Goldschneider, and asked him to submit the requested information to the
complainant on February 10, 1986. At
that time Dr. Goldschneider indicated that the information being requested was
much more than had been asked for in the survey.
5. On
February 7, 1986 the respondent spoke to the complainant and informed him that
Dr. Goldschneider was completing the survey but that the information should not
be sought from one department only.
Docket #FIC
86-46 Page Two
6. By
letter dated February 10, 1986 the complainant made a request of the respondent
for access to records of all departments with SSOG income showing the SSOG
income and itemized disbursements for the last 3 years.
7. In
a letter dated February 12, 1986 the respondent stated that he had discussed
the complainant's request with all department heads with SSOG income and that
it would be difficult to interpret the data without an understanding of the
budget process. The respondent
indicated that because SSOG funds were departmental funds under the control of
each department head, the complainant should contact each department head for
information.
8. By
letter dated February 18, 1986 the complainant made a request of the respondent
for access to records of all departments with SSOG income showing all income
and all itemized disbursements for each income source for the last 3 years.
9. In
a letter dated February 20, 1986 the respondent denied the complainant's
request for information regarding departmental budgets and again suggested that
the complainant address his request to each department head.
10. By
letter of complaint filed with the Commission on February 21, 1986 the
complainant appealed the respondent's failure to provide the requested records.
11. SSOG
funds are those monies made available for the use of the University of
Connecticut School of Medicine when a percentage of a faculty member's salary
is paid by externally funded grants and contracts. A portion of the funds are distributed each month to the dean of
the school of medicine and the remaining funds are distributed quarterly to the
chairmen of the departments of which the researchers are members. It is the departmental funds and not the
dean's funds which are the subject of the complainant's inquiry.
12. It
is found that records of the receipt and disbursement of funds supplied to the
University of Connecticut School of Medicine are public records within the
meaning of 1-18a(d), G.S.
13. The
respondent does not claim any exemption from disclosure for the requested
records, but claims that because SSOG funds are department funds the
complainant should contact the department heads to obtain the requested
information, and that the complainant has failed to do so.
14. It
is found that the respondent does not have physical possession of the requested
records, but it is within his authority to retrieve the records from the various
department chairmen.
Docket #FIC
86-46 Page Three
15. It
is also found that the respondent's objection to the complainant's request on
the ground that it was not necessarily made on behalf of the research committee
is without merit.
16. It
is concluded that the requested records are subject to disclosure by the
respondent pursuant to 1-15 and 1-19(a), G.S.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondent shall forthwith provide the complainant with access to inspect the
records of all departments with SSOG income showing all income and all itemized
disbursements for each income source for the 3 years prior to the complainant's
request.
Approved by order of the Freedom of
Information Commission at its regular meeting of March 26, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission