FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by            FINAL DECISION

 

Stephen J. Link,

 

                        Complainant

 

            against              Docket #FIC 89-192

 

The Administration and the Administrative Assistant of Joel Barlow High School,

 

                        Respondents                 January 24, 1990

 

            The above-captioned matter was heard as a contested case on November 3, 1989 at which time the complainant and the respondents 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 respondents are a public agency within the meaning of 1-18a(a), G.S.

 

            2.  On May 10, 1989, the respondents wrote a letter concerning Trent Link's unauthorized presence on the campus of Joel Barlow High School, (hereinafter "the School").  Although that correspondence was intended for Trent Link, it was erroneously addressed to the complainant and subsequently received by him on or about May 12, 1989.

 

            3.  By letter of request dated May 13, 1989, the complainant sought all documentation or records in any form, relating to any action involving Trent Link for the period of September 1986, through May 10, 1989.

 

            4.  The complainant is the father of Trent Link.  The complainant was the guardian of Trent Link during his minority, and has been authorized by Trent to have access to the records in question.

 

            5.  Before complying with the complainant's demand, the respondents' requested and obtained written authorization from Trent Link to release the information as required by federal law.  Then, by letter dated May 30, 1989, the respondents sent copies of two letters to the complainant.  The letters were dated September 12, 1986 and May 10, 1989, respectively.

 

Docket #FIC 89-192                                      Page 2

 

            6.  The complainant appealed to this Commission by letter of complaint dated June 2, 1989, and filed with the Commission on June 6, 1989, alleging that he did not receive either prompt or complete compliance with his request as required by 1-19(a) and 1-15, G.S.

 

            7.  The respondents maintain that they promptly complied with the complainant's request, and that the documentation mailed to the complainant on or about May 30, 1989 represents all records in the possession of the administrative assistant of the School, the person to whom the request was directed.

 

            8.  The respondents also contend that the director of student services for the School would have been the best person for the complainant to contact for documentation which may exist concerning Trent Link.

 

            9.  It is found that the requested information is a public record within the meaning of 1-18a(d), G.S.

 

            10.  It is acknowledged that the Easton-Redding Region #9 Board of Education, (hereinafter "the Board"), was originally named as a party respondent in this matter.  However, the Board was improvidently designated as a party and is hereby removed as a respondent in this matter.

 

            11.  It is found that the respondents, not the complainant, were best situated to either aid the complainant in clarifying his request, or to assist him in directing his request to the appropriate School official(s).

 

            12.  It is therefore concluded that although the respondents did not violate the letter of 1-19(a) and 1-15, G.S., they most certainly did not act in the best tradition of public service, or in the spirit of Connecticut's Freedom of Information Act by failing to assist and focus the efforts of the complainant in his quest for documentation regarding his son.

 

The following order by the Commission is hereby recommended

on the basis of the record concerning the above captioned complaint:

 

            1.  The respondents shall contact the director of student services for the School, and thereafter provide the complainant with all additional records concerning Trent Link that do not pertain to his special education status, or if no such records exist, then the respondents shall submit to the complainant an affidavit that the requested information does not exist.

 

Docket #FIC 89-192                           Page 3

 

            2.  The Commission also recommends that in the future the respondents carefully consider any requests for information or documentation.  Toward that end, the Commission suggests that the respondents make every effort to either assist the requester in clarifying his request, or in channeling his request to the School official(s) best able to investigate or comply with the request.

 

Approved by order of the Freedom of Information Commission at its regular meeting of January 24, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-192                           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:

STEPHEN J. LINK

P.O. Box 317

Easton, CT 06612

 

ADMINISTRATION OF JOEL BARLOW HIGH SCHOOL

100 Black Rock Turnpike

West Redding, CT 06896

 

ADMINISTRATIVE ASSISTANT OF JOEL BARLOW HIGH SCHOOL

c/o Eugene Primavera

Administrative Assistant

Joel Barlow High School

100 Black Rock Turnpike

West Redding, CT 06896

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission