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