FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Tracy A. Marlow and Sarah M. Starkweather,

 

                                Complainants

 

                against                   Docket #FIC 95-182

 

Executive Director, Child Care Center of Stamford, Inc.,

 

                                Respondent                          January 10, 1996

 

                The above-captioned matter was heard as a contested case on December 5, 1995, 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 and conclusions of law are reached:

 

                1.  By letter dated April 12, 1995, the complainants requested that the respondent provide them with: "a copy of all reports and materials related to (1) your report [to] the State of Connecticut, Department of Children and Families about my family on or about February 17, 1995, and (2) your conference on February 17, 1995, with Sarah M. Starkweather."

 

                2.  By letter dated May 15, 1995, and filed May 17, 1995, the complainants appealed to the Commission and alleged that the respondent failed to comply with their request.

 

                3.  By letter dated May 19, 1995, the respondent notified the Commission of its position that as a private entity, it was not subject to the Freedom of Information ("FOI") Act.

 

                4.  It is found that the respondent is a private non-stock charitable corporation that provides day care for preschool age children in three separate programs:  (1) the Child Care Center, (2) the Day Care Program, and (3) the Head Start Program.

 

                5.  It is found that the respondent's three programs are administered and maintained separately, with entirely separate facilities, funding, and staff and for each program.

 

#FIC 95-182                                           Page 2

 

                6.  It is found that the requested records relate to the respondent's Child Care Center only.

 

                7.  It is found that at the present time, the provision of direct day care services for preschool age children is not a governmental function.

 

                8.  It is also found that the Child Care Center receives approximately 4% of its funding from the federal government for its nutritional program, and the balance of its funding is obtained from exclusively private sources.

 

                9.  It is further found that the respondent is governed by a private board of directors, none of whom are public officials in their capacity as directors.

 

                10.  It is also found, however, that the respondent is subject to extensive government regulation as a licensed day care center, pursuant to 19a-77 to 19a-87a, G.S., and Regulations of Connecticut State Agencies 19a-79-1 to 19a-79-12, and that it was originally incorporated in 1902 by special act of the General Assembly.

 

                11.  It is found, however, that at the turn of the century, it was common for the General Assembly to incorporate private institutions by special act.

 

                12.  It is concluded that the respondent's Child Care Center program is not the functional equivalent of a public agency for purposes of the FOI Act; and consequently the Commission lacks jurisdiction to address the substance of the complainant's appeal.

 

                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 regular meeting of January 10, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-182                                             Page 3

 

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:

Tracy A. Marlow

Sarah M. Starkweather

c/o 30 Arch Street

Riverside, CT 06878-1925

 

Executive Director, Child Care Center of Stamford, Inc.

c/o Howard C. Kaplan, Esq.

Wofsey, Rosen, Kweskin & Kuriansky

600 Summer Street

Stamford, CT 06901-1490

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission