FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Richard R.
Olson,
Complainant
against Docket #FIC 86-282
Thames Valley
Presidential Search Committee of the Board of Trustees for State Technical
Colleges,
Respondent December 16, 1986
The above-captioned matter was heard
as a contested case on October 27, 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. By
letter dated September 20, 1986 the complainant made a request of the
respondent for copies of the videotaped interviews of Dr. John K. Fisher and
Dr. Eileen Baccus, candidates for president of Thames Valley State Technical
College.
3. By
letter of complaint filed with the Commission on October 7, 1986 the
complainant appealed the respondent's failure to provide him with the requested
copies.
4. At
hearing the respondent stated that it would provide the complainant with copies
of the taped interview or interviews of Dr. Baccus, the successful candidate
for the position of president.
5. The
respondent claims that the interview or interviews of Dr. Fisher, an
unsuccessful candidate, are exempted from disclosure pursuant to
1-19(b)(2) and 1-19(b)(6), G.S. and that 1-21g, G.S. evidences a
legislative intent to exempt the videotapes from disclosure.
6. It
is found that subsequent to his interview with the respondent, Dr. Fisher was
named president of Norwalk State Technical College, another of the five
institutions in the state technical colleges system.
Docket #FIC
86-282 Page Two
7. It
is found that the respondent failed to prove that the interview questions which
would be revealed by releasing Dr. Fisher's taped interview are test questions
within the meaning of 1-19(b)(6), G.S.
Furthermore, the respondent has already consented to the release of the
same or similar questions by agreeing to provide the complainant with a copy of
Dr. Baccus's interview tape.
8. Section
1-21g, G.S. allows a public agency to protect the identity of job candidates
being interviewed in executive session.
In the present case, Dr. Fisher's identity is known and he has, in fact,
obtained employment in the State of Connecticut's technical colleges system.
9. It
is concluded that 1-21g, G.S. does not exempt Dr. Fisher's videotaped
interview from disclosure.
10. It
is found that the respondent failed to prove that disclosure of a videotaped
interview of a candidate for the presidency of a state technical college whose
identity is known and who has obtained employment within the state technical
colleges system would constitute an invasion of personal privacy within the
meaning of 1-19(b)(2), G.S.
11. The
respondent failed to prove that the videotaped interview of Dr. Fisher is
exempted from disclosure by any other provision of the Freedom of Information
Act, other state statute or federal law.
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 a copy of all
videotaped interviews of Dr. John K. Fisher and Dr. Eileen Baccus, candidates
for president of Thames Valley State Technical College within 30 days of the
date mailing of the notice of Final Decision in this case.
Approved by order of the Freedom of
Information Commission at its special meeting of December 16, 1986
ÿ
Catherine I.
Hostetter
Acting Clerk
of the Commission