FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Carrie W. Gordon and Success Programs,

Complainants

against Docket #FIC 88‑252

Fairfield Superintendent of Schools,

Respondent October 26, 1988

The above‑captioned matter was heard as a contested case on August 17, 1988, 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 May 26, 1988 the complainants made a request of the respondent for a list of parents of tenth and eleventh grade students in the respondent's school system.

3. The respondent failed to respond to the complainants' request.

4. By letter of complaint filed with the Commission on June 27, 1988 the complainants appealed the respondent's failure to provide the requested records.

5. At hearing, the complainants clarified their request by stating that they were seeking the names and addresses of parents of tenth and eleventh grade students.

6. The respondent claims that the requested information is exempt from disclosure pursuant to §1‑19(b)(11), G.S. and that, therefore, the complainants' appeal was taken frivolously, without reasonable grounds and solely to harass the respondent, within the meaning of §1‑21i(b), G.S.

7. By motion filed with the Commission on July 29, 1988 the respondent made a request for the imposition of a civil penalty against the complainants, pursuant to §1‑21i(b), G.S.

Docket #FIC 88‑252 Page Two

8. It is found that the complainants' appeal was not taken frivolously, without reasonable grounds and solely to harass the respondent within the meaning of §1‑21i(b), G.S. The respondent's request for a civil penalty, therefore, is denied.

9. It is found that the respondent does not maintain a list of the names and addresses of parents of tenth and eleventh grade students, as was requested by the complainants.

10. It is, therefore, concluded that the respondent did not violate §1‑15 or §1‑19(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 special meeting of October 26, 1988.

Catherine H. Lynch

Acting Clerk of the Commission