In the Matter of a Complaint by FINAL DECISION


Richard R. Olson,




against Docket #FIC 86-315


Executive Director and Director of Personnel Services, Board of Trustees for State Technical Colleges, Norwalk State Technical College, Presidential Search Committee,


Respondents February 25, 1987


The above-captioned matter was heard as a contested case on December 18, 1986, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of 1-18a(a), G.S.


2. By letter dated October 31, 1986 the complainant made a request of the respondent executive director for copies of the resumes of the candidates for president of Norwalk State Technical College, who were not finalists for the position. The complainant indicated in his letter of request that any personally identifiable information contained therein may be masked or otherwise deleted.


3. By letter dated November 7, 1986 the respondent executive director denied the complainant's request.


4. By letter of complaint filed with the Commission on November 17, 1986 the complainant appealed the denial of his request.


Docket #FIC 86-315 Page 2


5. The complainant requested that the Commission impose a civil penalty against the respondents.


6. At the hearing before the Commission, the respondents moved to dismiss the complaint on the basis of res judicata and collateral estoppel.


7. Specifically, the respondents claim that in July, 1986 the complainant brought a similar complaint before the Commission in docket #FIC 86-212 and that the final decision in that case is conclusive upon both parties named in this action and precludes the complainant from filing any subsequent appeals with the Commission, concerning the records in question.


8. It is found that the doctrines of res judicata and collateral estoppel do not apply to the facts of this case.


9. The respondents' motion to dismiss is therefore denied.


10. The respondents again moved to dismiss the complaint pursuant to 1-21i(b), G.S., claiming the appeal was not filed with the Commission within the statutory time period.


11. It is found that the complainant's appeal was filed with the Commission within 30 days of the respondent executive director's denial, in accordance with 1-21i(b), G.S.


12. The respondents' motion is therefore dismissed.


13. It is found that the resumes of the unsuccessful candidates for the position of president of Norwalk State Technical College are public records as defined by 1-18a(d), G.S.


14. It is also found, however, that the names, addresses and other personally identifiable information contained in the resumes of unsuccessful candidates, whose identities were not announced publicly, are exempt from mandatory disclosure under 1-19(b)(2), G.S.


15. The Commission declines to impose a civil penalty against the respondents as requested by the complainant.


Docket #FIC86-315 Page 3


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


1. The respondents shall forthwith provide the complainant with the resumes of the unsuccessful candidates for the position of president of Norwalk State Technical College.


2. In complying with paragraph 1 of this order, the respondents may mask or otherwise delete from such resumes, names, addresses and any other information which would personally identify the unsuccessful candidates.


Approved by order of the Freedom of Information Commission at its regular meeting of February 25, 1987.

Karen J. Haggett

Clerk of the Commission