FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Daniel J. Filer,

 

            Complainant

 

            against                                                                          Docket #FIC 1997-107  

 

Dr. David Larson, Superintendent

of Schools, Middletown Public Schools

 

            Respondents                                                                 January 14, 1998

 

 

            The above-captioned matter was heard as a contested case on October 9, 1997, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  For purposes of hearing, this case was consolidated with Docket #FIC1997-108, Daniel J. Filer against Dr. David Larson, Superintendent of Schools, Middletown Public Schools.

 

            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(1), G.S. (prior to October 1, 1997, §1-18a(a), G.S.).

 

            2.   By letter dated February 26, 1997, the complainant requested that the respondent provide him with copies of any and all bills relating to the employment of Dr. Sherrill Werblood (Werblood) from January 1996 to the date of the request, as well as copies of any and all legal bills from the law firm of Shipman and Goodwin (Shipman) from January 1996 to the date of the request.  The complainant indicated in his letter that the respondent could refrain from redacting references to his child. 

 

            3.   By letter dated March 3, 1997, the respondent transmitted the requested bills, stated that he did not have a Werblood bill for June 1, 1996, and that he was not required to create documents in response to a request. 

 

4.   It is found that the bills transmitted to the complainant contained redactions of students’ names, including the name of the complainant’s child.

 

            5.   By letter dated March 19, 1997, and filed on March 25, 1997, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (FOI) Act by redacting the name of his child.  The complainant requested that a civil penalty be imposed upon the respondent.

 

6.   It is found that the requested records are public records within the meaning of §§1-18a(5) (prior to October 1, 1997, §1-18a(d)) and 1-19(a), G.S.

 

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

 

         Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency…shall be public records and every person shall have the right to…receive a copy of such records in accordance with the provisions of section 1-15….


8.   Section 1-19(b)(11), G.S. , in relevant part provides that:

 

         [n]othing in the Freedom of Information Act…shall be construed to require disclosure of [the] names or addresses of students enrolled in any public school or college without the consent of each student whose name or address is to be disclosed who is eighteen years of age or older and a parent or guardian of each such student who is younger than eighteen years of age…

9.     The Commission takes administrative note of its Final Decision in Docket #FIC1996-535; Daniel J. Filer v. David Larson, Superintendent of Schools, Middletown Public Schools, concerning the same issue, wherein the Commission concluded that the respondent had violated the FOI Act by redacting the name of the complainant’s child, despite receiving parental consent to refrain from such redaction.  The Final Decision in Docket #FIC1996-535 was adopted by the Commission on June 11, 1997, and was sent to the parties by certified mail on June 23, 1997.  

            10.   On July 14, 1997, the Commission mailed notification of the complaint in the instant matter to the respondent, and on July 24, 1997, the respondent sent the complainant another copy of the requested bills, without the complainant’s child’s name redacted.

            11.   The respondent contends that his actions were reasonable because he initially supplied the requested records to the complainant with redactions, based upon advice of counsel, and, upon learning of the Commission’s order in Docket #FIC1996-535, promptly forwarded the requested records to the complainant, without redacting the name of complainant’s child. 

 

            12.   It is found that in this case, as was the case in Docket #FIC1996-535, the child who is the subject of the redactions at issue is under eighteen years of age; the respondent knows the complainant is the parent of such child; and that the complainant consented to the unredacted disclosure to him of the requested records pertaining to his child.

            13.   It is therefore found that
§1-19(b)(11), G.S., does not exempt the information pertaining to the complainant’s child.

 

14.   Consequently, it is concluded that the respondent violated §§1-15(a) and 1-19(a), G.S., by failing to promptly provide the complainant with copies of the requested records without redacting the information pertaining to the complainant’s child.

            15.   The commission declines to impose a civil penalty under the facts of this case.  

 

            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 strictly comply with the provisions of §§1-15(a) and 19(a), G.S.

 

2.   Although the Commission declined to do so in this case, the Commission cautions the respondent that similar future violations may result in the imposition of a civil penalty.

 

 

 

 

 

                Approved by Order of the Freedom of Information Commission at its regular meeting of January 14, 1998.

 

 

 

 

 

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

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:

 

Daniel J. Filer

27 Magnolia Avenue

Middletown, CT 06457

 

Dr. David Larson, Superintendent

of Schools, Middletown Public Schools

c/o Anne H. Littlefield

Shipman and Goodwin

One American Row

Hartford, CT 06103-2819

 

 

 

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

FIC1997-107/FD/tcg/01201997