FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
Stephen J. Link,
Complainant
against Docket #FIC 89-192
The
Administration and the Administrative Assistant of Joel Barlow High School,
Respondents January 24, 1990
The above-captioned matter was heard
as a contested case on November 3, 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 a public agency within the meaning of 1-18a(a),
G.S.
2.
On May 10, 1989, the respondents wrote a letter concerning Trent Link's
unauthorized presence on the campus of Joel Barlow High School, (hereinafter
"the School"). Although that
correspondence was intended for Trent Link, it was erroneously addressed to the
complainant and subsequently received by him on or about May 12, 1989.
3.
By letter of request dated May 13, 1989, the complainant sought all
documentation or records in any form, relating to any action involving Trent
Link for the period of September 1986, through May 10, 1989.
4.
The complainant is the father of Trent Link. The complainant was the guardian of Trent Link during his
minority, and has been authorized by Trent to have access to the records in
question.
5. Before complying with the complainant's
demand, the respondents' requested and obtained written authorization from
Trent Link to release the information as required by federal law. Then, by letter dated May 30, 1989, the
respondents sent copies of two letters to the complainant. The letters were dated September 12, 1986
and May 10, 1989, respectively.
Docket #FIC
89-192
Page 2
6.
The complainant appealed to this Commission by letter of complaint dated
June 2, 1989, and filed with the Commission on June 6, 1989, alleging that he
did not receive either prompt or complete compliance with his request as
required by 1-19(a) and 1-15, G.S.
7.
The respondents maintain that they promptly complied with the
complainant's request, and that the documentation mailed to the complainant on
or about May 30, 1989 represents all records in the possession of the
administrative assistant of the School, the person to whom the request was
directed.
8.
The respondents also contend that the director of student services for
the School would have been the best person for the complainant to contact for
documentation which may exist concerning Trent Link.
9.
It is found that the requested information is a public record within the
meaning of 1-18a(d), G.S.
10.
It is acknowledged that the Easton-Redding Region #9 Board of Education,
(hereinafter "the Board"), was originally named as a party respondent
in this matter. However, the Board was
improvidently designated as a party and is hereby removed as a respondent in
this matter.
11.
It is found that the respondents, not the complainant, were best
situated to either aid the complainant in clarifying his request, or to assist
him in directing his request to the appropriate School official(s).
12.
It is therefore concluded that although the respondents did not violate
the letter of 1-19(a) and 1-15, G.S., they most certainly did not act
in the best tradition of public service, or in the spirit of Connecticut's
Freedom of Information Act by failing to assist and focus the efforts of the
complainant in his quest for documentation regarding his son.
The following
order by the Commission is hereby recommended
on the basis of
the record concerning the above captioned complaint:
1.
The respondents shall contact the director of student services for the
School, and thereafter provide the complainant with all additional records
concerning Trent Link that do not pertain to his special education status, or
if no such records exist, then the respondents shall submit to the complainant
an affidavit that the requested information does not exist.
Docket #FIC
89-192 Page 3
2.
The Commission also recommends that in the future the respondents
carefully consider any requests for information or documentation. Toward that end, the Commission suggests
that the respondents make every effort to either assist the requester in
clarifying his request, or in channeling his request to the School official(s)
best able to investigate or comply with the request.
Approved by
order of the Freedom of Information Commission at its regular meeting of
January 24, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-192 Page 4
PURSUANT TO
SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST
RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF
THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO
THIS CONTESTED CASE ARE:
STEPHEN J. LINK
P.O. Box 317
Easton, CT 06612
ADMINISTRATION
OF JOEL BARLOW HIGH SCHOOL
100 Black Rock
Turnpike
West Redding, CT
06896
ADMINISTRATIVE
ASSISTANT OF JOEL BARLOW HIGH SCHOOL
c/o Eugene
Primavera
Administrative
Assistant
Joel Barlow High
School
100 Black Rock
Turnpike
West Redding, CT
06896
Tina C.
Frappier
Acting Clerk of the Commission