FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Henry E. Buermeyer,

Complainant

against Docket #FIC 92-239

Superintendent, Groton Public Schools and Groton Board of Education,

Respondents April 28, 1993

The above-captioned matter was heard as a contested case on February 1, 1993, 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 public agencies within the meaning of 1-18a(a), G.S.

2. By letter of complaint dated July 7, 1992 and filed with the Commission on July 9, 1992, the complainant alleged that the minutes for the respondent board's June 8, 1992 special meeting (hereinafter "meeting"), did not sufficiently identify all persons in attendance at the executive session convened at that meeting, in violation of 1-21g(a), G.S. Specifically, the complainant alleges that the minutes for the meeting should list the names of the Groton public school student's parents who attended the executive session.

3. It is found that the respondent board convened in executive session during the special meeting in question to discuss the records of a student who had been enrolled in the Groton public school system from kindergarten through the spring of 1992.

4. It is found that the minutes for the respondent board's meeting, as revised on July 1, 1992, stated that at the invitation of the respondent board, the parents of the student in question attended the executive session to provide information about their inquiry concerning their child's performance as a Groton public school student.

Docket #FIC 92-239 Page 2

5. It is found that the student and his parents have the same surname, therefore, to disclose the identities of the parents would identify the student.

6. It is concluded, therefore, that because the discussion of a public school student is a permissible subject of an executive session under 1-18a(e)(5), G.S., and the identity of a public school student is exempt from disclosure under 1-19(b)(11), G.S., the respondent board's merely describing, without identifying, the parents of the student in question in the minutes of its June 4, 1992 executive session is sufficient, under the facts of this case, for compliance with the attendance provisions of 1-21g(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 regular meeting of April 28, 1993.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 92-239 Page 3

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:

Henry E. Buermeyer

40 Spicer Avenue

Groton, CT 06340

Superintendent, Groton Schools and Groton Board of Education

c/o Atty. Loren Lettick

Sullivan, Lettick & Schoen

646 Prospect Avenue

Hartford, CT 06105-4286

Debra L. Rembowski

Acting Clerk of the Commission