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 86-344

 

Norwalk State Technical College 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 January 22, 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. In its Final Decision in FIC #86-212, Richard R. Olson v. Norwalk State Technical College Presidential Search Committee of the Board of Trustees for State Technical Colleges, issued November 4, 1986, the Commission ordered the respondent to provide the complainant, within two weeks of the date of the decision, with the resumes of the finalists for the presidency of Norwalk State Technical College.

 

3. In its Final Decision in FIC #86-218, Richard R. Olson v. Norwalk State Technical College Presidential Search Committee of the Board of Trustees for State Technical Colleges, issued October 29, 1986, the Commission ordered the respondent to provide the complainant, within two weeks of the date of the decision, with a copy of the videotaped interview of the successful candidate for the presidency of Norwalk State Technical College.

 

4. By letter of complaint filed with the Commission on December 18, 1986 the complainant alleged he had not been provided with a copy of the resume of Dr. David Cheng, a finalist for the presidency of Norwalk State Technical College, and had not been provided a copy of the videotaped interview of Dr. John Fisher, the successful candidate for the presidency of Norwalk State Technical College.

 

Docket #FIC 86-344 Page Two

 

5. It is found that the respondent sent the entire resume of Dr. David Cheng to the complainant on January 8, 1987.

 

6. The respondent claims that information regarding Dr. Cheng was omitted from materials provided to the complainant pursuant to the order in FIC #86-212 because Dr. Cheng had withdrawn his candidacy prior to the interview process and therefore was not considered a "finalist."

 

7. It is found that information regarding Dr. David Cheng was not clearly encompassed by the order in FIC #86-212 and that the respondent's failure to produce information regarding Dr. Cheng did not violate the Commission's order in such matter.

 

8. As of the date of hearing, the complainant had not been provided with a copy of the videotaped interview of Dr. John Fisher. On January 8, 1987 the complainant was told that a copy of the videotape was being made and that the complainant could purchase such copy for approximately $20.

 

9. The respondent claimed that the delay in providing a copy of the videotape of Dr. Fisher's interview was due to the fact that such tape had been separated from the tapes of other candidates' interviews and was difficult to locate.

 

10. It is found that the respondent failed to comply with the Commission's order in FIC #86-218 in a timely manner. Any difficulty in locating the videotaped interview should have been brought to the attention of the complainant immediately.

 

11. It is found, however, that the actions of the respondent with respect to the videotape of Dr. Fisher's interview did not constitute a failure to comply with an order of the Commission within the meaning of 1-21k(b), 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, within one week of the Final Decision in this matter, provide the complainant with a copy of the videotaped interview of Dr. John Fisher. Such copy shall be provided at no cost to the complainant.

 

Approved by order of the Freedom of Information Commission at its regular meeting of April 22, 1987.

 

Catherine I. Hostetter

Acting Clerk of the Commission