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 88‑229
Superintendent of Westport
Public 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 denied the complainants' request.
4. By letter
of complaint filed with the Commission on June 14, 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 does not maintain a list of the names and addresses
of students' parents. Mailings from the
school system are sent "to the parents of," followed by each
student's name and address.
7. The
respondent concedes, however, that a list of parents' names could probably be
generated by the school system's computer.
Docket #FIC 88‑229 Page
Two
8. It is
found that computer‑stored information regarding parents' names and
addresses 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.
9. The
respondent claims, however, that the names and addresses of parents are exempt
from disclosure pursuant to §§1‑19(b)(2) and 1‑19(b)(11), G.S., and
the Buckley Amendment.
10. It is
found 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.
14. Based on
the above conclusion, the Commission does not need to address other claims of
the respondent regarding the disclosability of the information requested.
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