FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1996-463
October 8, 1997

In the Matter of a Complaint by Ethan Book, Jr., Complainant
against
Director, Appellate Division, State of Connecticut, Department of Revenue Services; Legal Division, State of Connecticut, Department of Revenue Services; and State of Connecticut, Department of Revenue Services  Respondents

The above-captioned matter was heard as a contested case on May 1, 1997, and a report by the hearing officer was considered at the July 9, 1997 meeting of the Commission. During an informal conference attended by the hearing officer and all parties, the complainant and the respondents reached the terms of an agreement in resolution of this contested case.

The respondents agreed to create a new computer generated document, which would be a list of first names of appellants and dispositions, based upon the final determination letters of the respondent department for all administrative appeals filed by individual persons during the calendar year 1995. The respondents would submit such a list to the Commission for an in camera review, in order to determine which first names with distinctive or unusual spellings should be redacted, so as to protect the confidentiality of "return information" as required by 12-15, G.S. These steps to implement the settlement agreement have now been completed.

The Commission commends both the complainant and the respondents for working successfully to negotiate a non-litigated settlement of their earlier differences.

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

1. The respondents shall furnish to the complainant forthwith a copy of the seven page list filed in camera with the Commission on July 31, 1997, except that the thirty names hereinafter identified shall either be redacted or otherwise eliminated on another computer run of the list: on page one, the thirtieth and thirty-first names; on page two, the fifteenth and sixteenth names; on page three, the first, seventh, eleventh, twenty-fifth, thirty-first, thirty-second, thirty-seventh, and thirty-ninth names; on page four, the first, sixth, seventh, twenty-first, twenty-sixth, forty-first and forty-third names; on page five, the second, twelfth, fifteenth, thirty-seventh and forty-sixth names; on page six, the fifth, fifteenth, twentieth and twenty-first names; and finally, on page seven, the thirty-sixth and forty-fifth names.

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

1. The complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of October 8, 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:
Ethan Book, Jr.
P.O. Box 1385
Fairfield, CT 06430

Director, Appellate Division, State of Connecticut, Department of Revenue Services;
Legal Division, State of Connecticut, Department of Revenue Services;
and State of Connecticut, Department of Revenue Services
c/o Christopher L. Levesque, Esq.
Assistant Attorney General’s Office
110 Sherman Street
Hartford, CT 06105

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1996-463/tcg/10081997