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 87-22
Thames Valley
Presidential Search Committee of the Board of Trustees for State Technical
Colleges
Respondent April 22, 1987
The above-captioned matter was heard
as a contested case on March 5, 1987, 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:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
On January 23, 1987, the complainant applied to the Commission for a
determination, pursuant to 1-21k(a), whether videotapes which the
Commission had ordered be disclosed in #FIC 86-282 had been willfully and
knowingly destroyed or disposed of.
3.
The Commission issued the following order in #FIC 86-282:
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 of mailing of the Final
Decision in this case.
4. On December 31, 1986, after the
order in Docket #FIC 86-282 had become
final, the executive director of the board of trustees for state technical
colleges informed the complainant that the tapes which were subject to the
Commission order had been lost or destroyed some time subsequent to July 30,
1986.
Docket # FIC
87-22
page two
5.
It is found that on October 27, 1986, the day the hearing in #FIC 86-282
was held, employees of the board of trustees knew that the videotapes may have
been lost, that they were not stored in the place where they should have been
stored and a search was ongoing for the videotaped interviews.
6.
It is found that the respondent failed to inform the Commission at the
time of the hearing or at the time of the final decision in #FIC 86-282, that
the videotapes had not been located.
7.
It is further found that 1-21k, G.S., is a criminal statute, the
investigation and prosecution for which are within the jurisdiction of the criminal
justice division of the judicial department pursuant to 51-276, G.S.
8.
It is concluded, therefore, that the Commission lacks, and declines to
exercise, jurisdiction over the complainant's request as stated in paragraph 5.
The following order by the
Commission is hereby recommended on the basis of the record covering the above
captioned complaint:
1.
The complaint is hereby dismissed.
Approved by order of the Freedom of
Information Commission at its regular meeting of April 22, 1987.
ÿ
Catherine I.
Hostetter
Acting Clerk of the Commission