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 Cheng had withdrawn his candidacy prior to the interview process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.
ÿ
Catherine I.
Hostetter
Acting Clerk
of the Commission