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 88‑251

 

Darien 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.

 

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. The respondent claims that the requested information is exempt from disclosure pursuant to 1‑19(b)(11), G.S. and that, therefore, the complainants' appeal was taken frivolously, without reasonable grounds and solely to harass the respondent, within the meaning of 1‑21i(b), G.S.

 

7. At hearing the respondent made a request for the imposition of a civil penalty against the complainants, pursuant to 1‑21i(b), G.S.

 

Docket #FIC 88‑251 Page Two

 

8. On or about August 25, 1988 the respondent filed a motion for costs and attorney's fees.

 

9. It is found that students and their parents do not always have the same last name, nor do they always have the same address.

 

10. It is further found that at least 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.

 

11. It is concluded that the complainants' appeal was not taken frivolously, without reasonable grounds and solely to harass the respondent within the meaning of 1‑21i(b), G.S. The respondent's requests for a civil penalty, costs and attorney's fees are, therefore, denied.

 

12. It is found that the respondent does not maintain a list of the names and addresses of parents of tenth and eleventh grade students, as was requested by the complainants.

 

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 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