FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Gail Gilliland,
Complainant
against Docket
#FIC 94-182
Southern Connecticut State
University,
Respondent March 22, 1995
The above-captioned matter was heard as a contested
case on January 11, 1995, at which time the complainant appeared, but the
respondent failed to appear. The
complainant 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 1-18a(a), G.S.
2. By letter
of complaint filed with this Commission on June 6, 1994, the complainant
alleged that the respondent violated the provisions of the Freedom of
Information ("FOI") Act failing to provide to her a copy of the
resume information of the candidate hired by the respondent as assistant
professor of creative writing.
3. It is
found that by letter dated April 27, 1994, the complainant requested of the
respondent the qualifications of the person who had been hired for the position
of assistant professor of creative writing by the respondent.
4. It is also
found that by letter of response dated May 12, 1994, the respondent provided to
the complainant information on candidates not actually hired by the respondent.
5. It is also
found that when the complainant thereafter telephoned the respondent to clarify
that her request related to the individual actually hired, she was told that
before the respondent sent her that information, it wanted a letter from the
complainant explaining why she needed that information. When the complainant declined to provide an
explanation, the respondent did not get back to her.
6. Resume
data received by the respondent in the hiring process for assistant professor
of creative writing constitutes
Docket #FIC 94-182 Page
2
public records within the
meaning of 1-18a(d), G.S.
7. This
Commission draws the adverse inference against the respondent that it in fact
received written application and/or resume information from the individual
hired for the assistant professorship as it did from the complainant and other
candidates in this case.
8. It is
concluded that the respondent's failure to provide to the complainant promptly
upon request access to the resume data at issue in this case constitutes a
violation of the provisions of 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 to the complainant free of charge a copy of
the resume information for the individual hired by the respondent for the
position of assistant professor of creative writing.
2. The
respondent shall henceforth strictly comply with the disclosure requirements of
1-19(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of March 22, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-182 Page
3
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:
GAIL GILLILAND
46 Union Street
Natick, MA 01760
SOUTHERN CONNECTICUT STATE
UNIVERSITY
501 Crescent Street
New Haven, CT 06515
Debra L. Rembowski
Clerk of the Commission