FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Karen Ali and The Daily
Campus,
Complainants
against Docket
#FIC 87-331
Police Department of the
University of Connecticut at Storrs,
Respondent April
13, 1988
The above-captioned complaint was heard as a contested
case on December 21, 1987, 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:
1. The
respondent is a public agency within the meaning of §1-18a(a), G.S.
2. By letter
dated November 5, 1987 the complainants made a request of the respondent for a
list of University of Connecticut students employed by the respondent from
September 1, 1987 through November 5, 1987.
3. Following
receipt of the complainants' request the executive director of the respondent
contacted each of the 55 student-employees in question and asked for permission
to release his or her name. Of those
contacted, 42 objected to the release, 4 indicated no preference and 9 did not
respond.
4. By letter
dated November 12, 1987 the executive director of the respondent informed the
complainants of his contact with the student-employees in question and offered
the complainants the opportunity to review the 13 names of those who did not
respond or who did not have a preference regarding release.
5. By letter
of complaint filed with the Commission on November 16, 1987 the complainants
appealed the respondent's failure to provide the requested list of names.
6. The
respondent claims that the names in question are exempted from disclosure by
§1-19(b)(11), G.S.
Docket #FIC 87-331 Page
Two
7. It is
found that during the period in question the 55 persons referred to at
paragraph 4, above, received hourly wages from the respondent in exchange for
duties which included giving parking tickets, escorting other students across
campus, operating security and information booths and supplementing dormitory
security.
8. The 55
persons in question did not receive academic credit for their employment, nor
did the respondent contribute to their academic studies in other than a
financial way.
9. It is
concluded that with respect to their employment with the respondent, the 55
persons referred to at paragraph 4, above, are employees of a public agency,
not "students" within the meaning of §1-19(b)(11), G.S.
10. It is
further concluded that the list of names in question is not exempted from
disclosure by §1-19(b)(11), G.S.
11. The
respondent also claims that the list of names is exempted from disclosure by
the terms of 20 U.S.C. §1232g (known as the Buckley Amendment), which limits
federal funding to state and local educational agencies which permit the
release of education records or personally identifiable information concerning
students, unless prior consent is obtained.
12. More
specifically, the respondent claims that pursuant to 36 C.F.R. §99.3(b)(3)(ii),
records which relate to an individual who is employed by an educational agency
or institution as a result of his or her status as a student are
"education records" within the meaning of the Buckley Amendment.
13. It is
found that the Buckley Amendment's prohibition against disclosure is not
mandatory, rather, it is a condition precedent to the granting of funds.
14. It is
further found that the Buckley Amendment's non-mandatory limitation on
disclosure is not sufficient to prevent disclosure pursuant to §1-19(a), G.S.
15. It is
concluded that the list of names in question is a public record within the
meaning of §1-18a(d), G.S., subject to disclosure pursuant to §§1-15 and
1-19(a), G.S.
Docket #FIC 87-331 Page
Three
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The
respondent forthwith shall provide the complainants with the list of names of
University of Connecticut students employed by the respondent from September 1,
1987 through November 5, 1987, referred to at paragraph 2, above.
Approved by order of the Freedom of Information
Commission at its regular meeting of April 13, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission