FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Showwei Chu and The Day,

 

                                Complainants

 

                against                   Docket #FIC 95-124

 

North Stonington Board of Education,

 

                                Respondent                          February 14, 1996

 

                The above-captioned matter was heard as a contested case on October 23, 1995, at which time the complainants and the respondent appeared, 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 complaint filed by facsimile transmission on April 13, 1995, the complainants appealed to the Commission alleging that on April 12, 1995, the respondent: (a) refused to disclose a parent's complaint letter alleging drug abuse at a local high school ("letter"), and improperly discussed the letter in executive session; (b) denied the complainants' request to inspect the results of water quality tests performed at local schools ("test results"); and (c) denied the complainants' request to inspect the minutes of the respondent's March 22, 1995 regular meeting ("March minutes").

 

The Letter

 

                3.             Section 1-21(a), G.S., states that a public agency may convene in executive session at an otherwise public meeting "upon an affirmative vote of two-thirds of [agency] members  ... present and voting, ... and stating the reasons for such executive session as defined in [1-18a(e), G.S.]."

 

Docket #FIC 95-124                                             Page 2

 

                4.             It is found that the respondent held a regular meeting on April 12, 1995 ("April meeting"), at which motions were properly made and unanimously passed, first to add the letter to the agenda, and second to convene in executive session to discuss the letter.

 

                5.             It is found that the respondent convened in executive session for the stated purposes of discussing "(a) [n]egotiations and (b) [a] [s]tudent-[p]arent complaint".

 

                6.             It is found that neither 5(a) nor 5(b), above, sufficiently state or identify a proper purpose for an executive session as required by 1-21(a), G.S., and defined in 1-18a(e), G.S.

 

                7.             With respect to the letter which is the subject of this case, the respondent maintains that it was discussed in executive session to protect the identity of students named therein.

 

                8.             It is found that the letter does not contain the names of any students.

 

                9.             It is found that although the letter makes a passing reference to the author's children, they are simply identified as "two children that will be entering the 7th grade ..."

 

                10.           It is found that if the author of the letter and her children have the same surname, the text of the letter could have been discussed in the public meeting without identifying its author.

 

                11.           It is therefore found that the respondent did not convene in executive session for a proper purpose as set forth in 1-18a(e), G.S., when it did so to discuss the letter.

 

                12.           It is therefore concluded that the respondent violated 1-18a(e) and 1-21, G.S., by convening in executive session at its April meeting.

 

                13.           It is found that the complainants attended the respondent's April meeting and requested a copy of the letter with the names of any students redacted.

 

                14.           It is found that the respondent refused to provide the complainants with a copy of the letter.

 

                15.           The respondent claims that it could not disclose the letter until the parent gave her approval.

 

Docket #FIC 95-124                                             Page 3

 

                16.           Section 1-19(a), G.S., in relevant part states that:

 

                ... all records maintained or kept on file by any public agency, ... shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of subsection 1-15....

 

                17.           It is found that the letter is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                18.           It is found that the respondent failed to prove the applicability of any statutory exemption to disclosure of the letter.

 

                19.           It is found that the respondent provided the complainants with a copy of the letter on or about May 2, 1995, only after the parent gave her consent to disclosure of the letter on or about April 26, 1995.

 

                20.           It is therefore concluded that the respondent violated the provisions of 1-15 and 1-19(a), G.S., by failing to promptly provide the complainants with a copy of the letter.

 

Test Results

 

                21.           It is found that water quality tests were conducted at the town's elementary, middle and high schools to determine the lead, copper and coliform levels, from 1993 to the present.

 

                22.           It is found that at the respondent's April meeting the complainants orally requested access to the test results.

 

                23.           It is found that the test results are a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                24.           It is found that the complainants received access to the test results on or about April 26, 1995.

 

                25.           It is found that the respondent failed to provide prompt access to the test results.

 

                26.           It is therefore concluded that in failing to promptly comply with the complainants' request, the respondent violated the requirements of 1-19(a), G.S.

 

Docket #FIC 95-124                                             Page 4

 

March Minutes

 

                27.           It is found that on March 22, 1995 the respondent held a regular meeting at which minutes were taken.

 

                28.           It is found that on April 12, 1995 the complainants orally requested access to the March minutes.

 

                29.           It is found that the March minutes were not provided to the complainants.

 

                30.           It is found that the March minutes are a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

                31.           The respondent claims that the "approved" March minutes were unavailable, but the "unapproved" or "draft" minutes were available and would have been provided to the complainants had they specifically requested them.

 

                32.           The Commission notes that it is absurd for the respondent to suggest that it is the public's responsibility to know exactly what records the respondent maintains, and precisely how the records are characterized or kept.

 

                33.           It is found that the March minutes were not available for public inspection or copying within seven days of the date of that meeting, as required by 1-21(a), G.S.

 

                34.           It is further found that the March minutes were provided to the complainants on October 23, 1995, at the hearing on this matter only after Commission counsel asked the respondent if it had brought the March minutes to the hearing, and after receiving an affirmative response, instructed the respondent to immediately provide the complainants with a copy.

 

                35.           It is concluded that the respondent violated the provisions of 1-19(a) and 1-21(a), G.S., by failing to make its March minutes available to the public.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.             Henceforth, the respondent shall sufficiently state or identify a proper purpose for an executive session as required by 1-21(a), G.S., and defined in 1-18a(e).

 

                2.             Henceforth, the respondent shall strictly comply with the disclosure requirements of 1-15 and 1-19(a), G.S.

 

Docket #FIC 95-124                                             Page 5

 

                3.             Henceforth, the respondent shall strictly comply with the requirements for making the minutes of its meetings available to the public, as set forth in 1-21(a), G.S.

 

                4.             The Commission notes further that if "approved" minutes have not been filed and are unavailable to the public within seven days of the date of the regular meeting to which they refer, "unapproved" or "draft" minutes should be available to the public, and clearly identified as such.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 14, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-124                                             Page 6

 

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:

Showwei Chu and The Day

47 Eugene O'Neill Drive

P.O. Box 1231

New London, CT 06320-1231

 

North Stonington Board of Education

c/o  Robert J. Murphy, Esq.

646 Prospect Avenue

Hartford, CT 06105

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission