In the Matter of a Complaint by Final Decision


Kenneth Lerman,




against Docket #FIC 87-177


Dr. John Reed, Newtown Superintendent of Schools,


Respondent September 9, 1987


The above-captioned matter was heard as a contested case on July 31, 1987, at which time the complainant and the respondent 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:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter dated June 14, 1987, the complainant requested, among other records, all videotapes of his daughter filed anywhere within the Newtown school system.


3. By letter dated June 19, 1987, and filed with the Commission on June 24, 1987, the complainant appealed to the Commission, alleging denial of his request for the videotapes.


4. The respondent claims any videotapes of the complainant's daughter were made for teacher evaluation purposes and are exempt from disclosure under 10-151c, G.S.


5. It is found that the respondent's daughter appeared in two videotapes made in her Spanish class in February or March, 1987.


6. It is further found that the videotapes no longer exist.


Docket #87-177 Page Two


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


1. Because the records in question do not exist, the complaint is hereby dismissed.


Approved by the Freedom of Information Commission at its regular meeting of September 9, 1987.



Hilde Mayranen

Acting Clerk of the Commission