FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Carrie W. Gordon and Success Programs,

 

Complainants

 

against Docket #FIC 88‑247

 

Wilton Superintendent of Schools,

 

Respondent October 12, 1988

 

The above‑captioned matter was heard as a contested case on August 17, 1988, at which time the complainants 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 May 26, 1988 the complainants made a request of the respondent for a list of parents of tenth and eleventh grade students in the respondent's school system.

 

3. The respondent failed to respond to the complainants' request for records.

 

4. By letter of complaint filed with the Commission on June 27, 1988 the complainants appealed the respondent's failure to provide the requested records.

 

5. At hearing, the complainants clarified their request by stating that they were seeking the names and addresses of parents of tenth and eleventh grade students.

 

6. It is found that the respondent maintains a list of the names and addresses of students' parents.

 

7. It is found that the list of parents' names and addresses prepared, owned, used, received or retained by the Wilton school system is recorded data or information relating to the conduct of the public's business and is, therefore, a public record within the meaning of 1‑18a(d), G.S.

 

Docket #FIC 88‑247 Page Two

 

8. The respondent claims, however, that the names and addresses of parents are exempt from disclosure pursuant to a written school policy against disclosure.

 

9. It is found that the respondent cannot, by regulation or policy, diminish or curtail access to public records, as provided for in the Freedom of Information Act.

 

10. It is found, however, that to the extent the last names and addresses of parents are identical to students' names and addresses, such names and addresses are exempt from mandatory disclosure pursuant to 1‑19(b)(11), G.S.

 

11. It is further found that to the extent that parents' names and addresses are different from students' names and addresses, such information is not exempt from disclosure pursuant to 1‑19(b)(11), G.S.

 

12. However, nothing in the Freedom of Information Act requires the respondent to conduct the kind of research necessary to determine which parents, if any, have names or addresses different from those of their children.

 

13. It is concluded that the respondent did not violate 1‑15 or 1‑19(a), G.S. when he failed to provide the complainants with a list of the names and addresses of parents of tenth and eleventh grade students.

 

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

 

1. The complaint is hereby dismissed.

 

Approved by order of the Freedom of Information Commission at its special meeting of October 12, 1988.

 

 

Catherine H. Lynch

Acting Clerk of the Commission