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