Kathy Ewings,

	The above-captioned matter was heard as a contested case on January 9, 1998, at 
which time the complainant and the respondent appeared, stipulated to certain facts and 
presented testimony, exhibits and argument on the complaint.  The case caption has been 
corrected to reflect the appropriate name of the respondent.

	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 written request dated October 24, 1997, the complainant requested that the 
respondent provide her with copies of “all private entrance/road agreements for the last 
10 years” (hereinafter “agreements”), as well as “a list of all addresses where buses have 
and continue to enter private driveways/roads to pick up/deliver children without private 
entrance/road agreements for the last 10 years” (hereinafter “list”).    

	3.   By letter dated October 29, 1997, the respondent provided the complainant 
with the agreements but denied access to the list based upon §1-19(b)(11), G.S. 

	4.   By letter dated November 6, 1997 and filed on November 10, 1997, the 
complainant appealed to the Commission alleging that the respondent violated the 
Freedom of Information (FOI) Act by denying her access to the list.   

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

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

[e]xcept 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 inspect such records promptly or to receive a 
copy of such records in accordance with the provisions of 
section 1-15….

	8.   The respondent contends the addresses on the list are exempt from disclosure 
pursuant to §1-19(b)(11), G.S., since such addresses correspond to the addresses of 
students enrolled in the Cheshire Public Schools.  

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

[n]othing in the [FOI] 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… 

	10.  The complainant contends that she is not seeking student addresses, but rather 
information related to the route taken by public school buses.  

	11.  However, it is found that the requested addresses correspond to the addresses 
of students within the meaning of §1-19(b)(11), G.S.  It is therefore concluded that the list 
is exempt from disclosure pursuant to such provision, and that the respondent did not 
violate §1-19(a), G.S., by denying the complainant access to such record. 

	12.  At the hearing on this matter, the respondent provided the complainant with 
three addresses from the list which correspond to two daycare centers and the driveway of 
one apartment complex entered by a particular bus in order to make a difficult turn in the 
road.  It is found that information regarding such addresses came to the attention of the 
respondent approximately two days before the hearing.  At such hearing, the complainant 
requested that a civil penalty be imposed upon the respondent for failing to timely 
provide such addresses.

	13.  It is found that the addresses described in paragraph 12, above, are not 
exempt from disclosure pursuant to §1-19(b)(11), G.S., and that the respondent violated 
§1-19(a), G.S., by failing to promptly provide the complainant with such non-exempt 
portions of the list.              

	14.  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 promptness 
provision of §1-19(a), G.S. 

	Approved by Order of the Freedom of Information Commission at its regular 
meeting of July 8, 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:

Kathy Ewings
c/o Atty. Kevin Heche
220 South Main Street
Cheshire, CT 06410

Supervisor, Fiscal and Transportation Services, Cheshire Public Schools
c/o Atty. Priscilla Mulvaney
Office of John K. Knott, Jr.
325 South Main Street
Cheshire, CT 06410

__________________________
Doris V. Luetjen
Acting Clerk of the Commission

FIC1997-359/FD/tcg/07141998