FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Lori Longhi and Ellen Martin,

 

                                Complainants

 

                against                   Docket #FIC 95-280

 

Enfield Board of Education,

 

                                Respondent                          April 24, 1996

 

                The above-captioned matter was heard as a contested case on February 1, 1996, at which time the complainants and 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 dated and filed with this Commission on August 18, 1995, the complainants alleged that at the respondent's July 20, 1995 special meeting ("July meeting") the respondent acted improperly in convening an executive session because: a) the notice of meeting and agenda for the meeting failed to inform the public that an executive session would be called, and b) no purpose was stated for the executive session.

 

                3.             The respondent argues that: a) it was not necessary to include the executive session on the July meeting notice and agenda because such an agenda item is merely a procedural designation; b) it was necessary to convene an executive session in order to comply with the Family Educational Rights and Privacy Act ("FERPA"), 34 CFR Subtitle A 99.3 (1994), since students' names and other personally identifiable information were disclosed as part of the discussion of whether or not transportation services should be restored to two communities ("transportation request"); and c) the executive session was convened for the purpose of deliberating about the school bus transportation request.

 

Docket #FIC 95-280                                             Page 2

 

                4.             In pertinent part, 1-21(a), G.S., states that the notice of a public agency's special meeting shall "specify the time and place of the special meeting and the business to be transacted.  No other business shall be considered at such meetings by such public agency."

 

                5.             It is found that the respondent held a July meeting for the stated purpose of fact-finding and discussion concerning the transportation request, and the notice for that meeting did not include an agenda item for an executive session.

 

                6.             It is found that at the respondent's July meeting a motion was made and unanimously passed to convene in executive session.

 

                7.             It is found that the respondent failed to state any purpose for the executive session as required by 1-21(a), G.S., and defined in 1-18a(e), G.S.

 

                8.             It is found that the discussion held in executive session concerned the transportation request.

 

                9.             The respondent concedes that any students' names, ages or street addresses discussed in executive session had already been disclosed and discussed as part of the public portion of the July meeting wherein the parents submitting the transportation request spoke in support of their request.

 

                10.           It is found that nothing "confidential" was discussed in executive session concerning the affected students or the transportation request since nothing was discussed in closed session that had not already been disclosed and openly discussed in public session at the July meeting.

 

                11.           It is further found that the respondent failed to prove the applicability of FERPA to the facts and circumstances of this case.

 

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

 

                13.           It is further concluded that the complainants were wrongfully denied their right to attend those portions of the July meeting improperly held in executive session, in violation of 1-21, G.S.

 

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

 

Docket #FIC 95-280                                             Page 3

 

                1.             Henceforth the respondent shall convene in executive session only for the specific purposes set forth in 1-18a(e)(1)-(5), G.S., and the purpose for which the executive session is convened must be clearly and accurately stated at the public meeting as required by 1-21(a), G.S.

 

                2.             Within five days of the date of mailing the notice of final decision in this case, the respondent shall cause a copy of the Commission's final decision in this case to be conspicuously posted in the place where its meeting notices and agendas are posted, for a period of not less than thirty (30) days.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 24, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-280                                             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:

Lori Longhi

21 Celtic Court

Enfield, CT 06082

 

Ellen Martin

6 Patricia Circle

Enfield, CT 06082

 

Enfield Board of Education

c/o Karen Simmonds, Esq.

Shipman and Goodwin

One American Row

Hartford, CT 06103-2819

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission