FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC Docket #FIC 1997-060
September 24, 1997

In the Matter of a Complaint by Alan W. Gates, Complainant
against
President, Manchester Community-Technical College, Respondent

The above-captioned matter was heard as a contested case on July 21, 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. The respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter dated January 22, 1997, the complainant requested that the respondent furnish him with a copy of the complainant’s master client tax list ("tax list").

3. By letter dated January 29, 1997, the respondent stated to the complainant that the Manchester Community Technical College had no such list and had never had such a list.

4. By letter dated February 7, 1997, and filed with the Commission on February 13, 1997, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by not furnishing the complainant with a copy of the tax list, stating instead that he did not have the tax list.

5. Section 1-19(a), G.S., provides in pertinent part:

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right…to receive a copy of such records in accordance with the provisions of section 1-15.

6. Section 1-15(a), G.S., in turn, provides in pertinent part that:

(a)ny person applying in writing shall receive, promptly, upon request, a plain or certified copy of any public record.

7. The complainant contends that the tax list was stolen from his office and sent to teachers under the supervision of the respondent, in order to discredit the complainant. The complainant requests a copy of the tax list, even though he already has a copy in his possession, in order to demonstrate that the respondent has possession of stolen goods.

8. The respondent contends and it is found that the respondent does not have or maintain in his custody the tax list.

9. It is concluded that the respondent did not fail to furnish a copy of a public record in his possession upon request, and accordingly, did not violate 1-19(a) or 1-15(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 complaint is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of September 24, 1997.

_________________________
Doris V. Luetjen
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
341-1 East Center Street, Ste. 291
Manchester, CT. 06040

President, Manchester Community-Technical College
c/o Laurie A. Deane, Esq.
Assistant Attorney General
55 Elm Street
P. O. Box 120
Hartford, CT. 06141-0120

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-060/FD/mes/10031997