FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Joan B. Bandzes

Complainant

against Docket #FIC 89-117

Wethersfield Board of Education and Superintendent of Schools, Town of Wethersfield

Respondents October 11, 1989

The above-captioned matter was heard as a contested case on August 29, 1989, at which time the complainant and the respondents 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 and conclusions of law are reached:

1. The respondents are public agencies within the meaning of §1-18a(a), G.S.

2. By letter dated March 16, 1989, the complainant requested access to certain information concerning the tryouts for the Wethersfield High School Varsity Cheerleading Squad held on March 10, 1989.

3. By letter dated March 23, 1989, the respondent superintendent responded to the foregoing request and provided certain information.

4. By letter of complaint dated April 4, 1989 and filed with the Commission on April 10, 1989, the complainant alleged that she was not provided with all of the information requested in her March 16, 1989 letter.

5. Specifically, the complainant contends she was not provided with the scores of individually named student cheerleading applicants or the "judges scoring/rating sheets."

6. It is found that the respondents provided the complainant with the tryout scores of all cheerleading applicants without identifying the students to whom such scores were associated.

7. It is concluded that the names of the student cheerleading applicants, other than the name and corresponding

Docket #FIC 89-117 Page 2

information related to the complainant's minor child in this case, are exempt from disclosure under §1-19(b)(11), G.S.

8. It is found that the completed "judges scoring/rating sheets" requested by the compainant had been destroyed by the Wethersfield High School cheerleader advisor on March 12, 1989.

9. It is found that although the respondents would have been willing to provide the complainant with copies of the completed sheets, without reference to the names of the student cheerleading applicants, if they had been in existence at the time of the complainant's request, they were unable to do so or to recreate such sheets in their particulars. The respondents did, however, provide the complainant with a blank copy of the "judges scoring/rating sheet" setting forth the criteria being judged.

10. Consequently, it is concluded that under the circumstances of this case the Commission lacks jurisdiction to order meaningful relief with respect to the completed "judges scoring/rating sheets" as requested by the complainant.

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.

2. The Commission recommends that the respondents contact the State Records Administrator to determine whether they are in compliance with state laws with respect to records retention and destruction and, if not, how they may bring themselves into compliance.

Docket #FIC 89-117 Page 3

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

JOAN B. BANDZES

24 Butternut Circle

Wethersfield, CT 06109

WETHERSFIELD BOARD OF EDUCATION AND SUPERINTENDENT OF SCHOOLS, TOWN OF WETHERSFIELD

c/o Mark K. Ostrowski, Esquire

Shipman & Goodwin

799 Main Street

Hartford, CT 06103

Approved by order of the Freedom of Information Commission at its regular meeting of October 11, 1989.

Tina C. Frappier

Acting Clerk of the Commission