FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Lyn Bixby and The Hartford
Courant,
Complainants
against Docket
#FIC 88‑276
Director of Development of
the University of Connecticut President of the University of Connecticut
Foundation,
Respondent November
30, 1988
The above‑captioned matter was heard as a contested
case on August 29, 1988, at which time the parties appeared and presented
evidence and argument on the complaint.
After consideration of the entire record, the following
facts are found:
1. It is
found that the respondent director of development of the University of
Connecticut is a public agency within the meaning of §1‑18a(a), G.S.
2. By letter
to the respondent, dated June 27, 1988, the complainant Bixby requested access
to a listing of all accounts of the University of Connecticut Foundation, their
allocations and expenditures for the 1985‑86 and the 1986‑87 fiscal
years.
3. The
respondent denied the request on June 30, 1988, and again on July 5, 1988.
4. On July
11, 1988, the complainants filed their complaint with the Commission.
5. At the
hearing the respondent moved to dismiss the complaint because the University of
Connecticut Foundation was an indispensable party and was not named as a party
herein.
6. It is
found that the respondent is both director of development for the University of
Connecticut and president of the University of Connecticut Foundation.
7. It is
found that the University of Connecticut Foundation pays 10% of the salary of
the respondent.
#FIC 88‑276 page two
8. It is
found that at present the respondent devotes 20% of his working hours to the
work of the University of Connecticut Foundation, and 80% of his working hours
to his duties as director of development of the university.
9. It is
found that at least nine employees within the office of the respondent work for
the University of Connecticut Foundation and their salaries are paid by the
foundation.
10. It is
found that the secretary and the treasurer of the foundation work in the office
of the respondent, and that the secretary of the foundation is also an
assistant to the respondent.
11. It is
found that the secretary to the foundation is paid by the University of
Connecticut.
12. Space for
the employees who work for the University of Connecticut Foundation is provided
free of charge by the University of Connecticut in the offices of the
respondent.
13. It is
found that the University of Connecticut Foundation raises and disperses funds
for the University of Connecticut for such university needs as construction
projects, scholarships, and endowed chairs.
14. It is
found that the secretary for the foundation, who assists and reports to the
respondent, maintains the records which are the subject of the complainants'
request in the office of the respondent.
15. It is
concluded that the requested records are public records within the meaning of
§1‑18a(d), G.S., because they are "recorded data or information
relating to the conduct of the public's business, prepared, owned, used,
received or retained by a public agency. . . ."
16. The
respondent's motion to dismiss is denied because it is not necessary to reach
the question whether the University of Connecticut Foundation is a public
agency for the purposes of deciding the issues raised in this complaint.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint:
1. The
respondent shall provide the complainants with the requested records within two
weeks of the date of mailing the final decision in this matter.
Approved by order of the Freedom of Information
Commission at its special meeting of November 30, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission