FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Todd Szoka and The Other Bookstore,

 

                        Complainants

 

            against              Docket #FIC 91-132

 

Central Connecticut State University,

 

                        Respondent                  November 27, 1991

 

            The above-captioned matter was heard as a contested case on September 3, 1991, at which time the complainants 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 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 of request dated May 13, 1991 (hereinafter "May letter"), the complainants requested information concerning the textbook and class materials adopted by faculty members of Central Connecticut State University (hereinafter "CCSU"), for use in its summer and fall 1991 semester courses.

 

            3.  It is found that the complainants are seeking: (a) a master list of the textbooks and materials adopted for use in each class scheduled to be offered by the respondent in the summer and fall 1991 semesters, and (b) copies of the textbook request forms (hereinafter "request forms") used in compiling a master list.

 

            4.  By letter of complaint filed with this Commission on May 29, 1991, the complainants alleged that the respondent failed to cooperate and comply with their May letter.

 

            5.  It is found that by letters dated April 3 and June 3, 1991 (hereinafter "April and June Letters"), the respondent informed the complainants that it does not maintain recorded information concerning textbooks and materials adopted for course use by its faculty members, and the "nearest thing to such a list would be proprietary material developed by the managers of Barnes and Noble."

 

Docket #FIC 91-132                                      Page 2

 

            6.  It is found that Barnes & Noble Bookstores, Inc. (hereinafter "Barnes & Noble"), is an independent contractor that operates the CCSU Bookstore (hereinafter "university bookstore"), located on the respondent's campus.

 

            7.  It is found that the textbook selection process at the respondent university is a decentralized process, so that selection and use of course materials are left to the discretion of department chairmen and/or individual faculty members.

 

            8.  It is found that the request forms that are circulated to the respondent's faculty by the university bookstore are the proprietary materials of Barnes & Noble.

 

            9.  It is found that the compilation of a master list from information gathered through the request forms is a task undertaken solely by Barnes & Noble for its use.

 

            10.  Section 1-18a(d), G.S., in relevant part, states that a "public record or file" means:

 

            ...any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency...."  [Emphasis added.]

 

            11.  It is found that the request forms and resulting lists are not prepared, owned, used, received or retained by the respondent as an agency within the meaning of 1-18a(d), G.S.

 

            12.  It is found that the request forms that are circulated by the university bookstore to the university's faculty are completed and returned to Barnes & Noble at each faculty member's discretion.

 

            13.  It is found that the respondent does not possess a master list of textbooks or course materials adopted for use by individual faculty members.

 

            14.  It is concluded that the records that the complainants are seeking are not public records as defined by 1-18a(d), G.S.

 

Docket #FIC 91-132                                       Page 3

 

            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 for lack of subject matter jurisdiction.

 

            2.  The Commission notes that the respondent has offered to provide the complainants with the same degree of access to its faculty members as it accords Barnes & Noble and the university bookstore for purposes of soliciting business.

 

            3.  The Commission encourages the complainants to accept and take advantage of the respondent's offer of assistance.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 27, 1991.

 

                                                                 

                                    Debra R. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-132                                       Page 4

 

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:

Todd Szoda

The Other Bookstore

1535 Stanley Street

New Britain, CT 06053

 

Central Connecticut State University

c/o Carroll T. Willis

Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105

 

                                                                 

                                    Debra R. Rembowski

                                    Acting Clerk of the Commission