FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Alan W. Gates,  

Complainant

 

against

Docket #FIC 1996-268

President, Manchester Community-Technical College,  

Respondent

March 19, 1997

The above-captioned matter was heard as a contested case on January 22, 1997, 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 and conclusions of law are reached:

1. It is found that, by letter dated February 27, 1996 to the respondent, the complainant requested answers to certain questions concerning a list of client names.

2. By letter dated June 7, 1996, postmarked June 12, 1996, and filed with the Commission on June 13, 1996, the complainant appealed to the Commission alleging noncompliance with his February 27, 1996 request.

3. Section1-21i(b)(1), G.S., provides in pertinent part:

A notice of appeal shall be filed within thirty days after such denial…(S)uch notice of appeal shall be deemed to be filed on the date it is received by said commission or on the date it is postmarked if received more than thirty days after the date of the denial from which such appeal is taken."

4. It is concluded that the Commission lacks jurisdiction in this matter because the complainant did not file his complaint with the Commission within thirty days after the alleged denial of his rights under the Freedom of Information Act.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 19, 1997.

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

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:

Alan W. Gates, EA, CTP, RFP, PA
341-1 E. Center Street, Suite 291
Manchester, CT 06040

President, Manchester Community-Technical College
c/o Laurie A. Deane, Esq.
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105-2294

__________________________
Elizabeth A. Leifert
Acting Clerk of the Commission

FIC1996-268/FD/eal/03251997