FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Lori Longhi and Ellen Martin,
Complainants
against Docket
#FIC 95-280
Enfield Board of Education,
Respondent April 24, 1996
The above-captioned matter was heard as a contested
case on February 1, 1996, at which time the complainants and respondent
appeared 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
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By
letter of complaint dated and filed with this Commission on August 18, 1995,
the complainants alleged that at the respondent's July 20, 1995 special meeting
("July meeting") the respondent acted improperly in convening an
executive session because: a) the notice of meeting and agenda for the meeting
failed to inform the public that an executive session would be called, and b)
no purpose was stated for the executive session.
3. The
respondent argues that: a) it was not necessary to include the executive
session on the July meeting notice and agenda because such an agenda item is
merely a procedural designation; b) it was necessary to convene an executive
session in order to comply with the Family Educational Rights and Privacy Act
("FERPA"), 34 CFR Subtitle A 99.3 (1994), since students' names
and other personally identifiable information were disclosed as part of the
discussion of whether or not transportation services should be restored to two
communities ("transportation request"); and c) the executive session
was convened for the purpose of deliberating about the school bus
transportation request.
Docket #FIC 95-280 Page
2
4. In
pertinent part, 1-21(a), G.S., states that the notice of a public agency's
special meeting shall "specify the time and place of the special meeting
and the business to be transacted. No
other business shall be considered at such meetings by such public
agency."
5. It
is found that the respondent held a July meeting for the stated purpose of
fact-finding and discussion concerning the transportation request, and the
notice for that meeting did not include an agenda item for an executive
session.
6. It
is found that at the respondent's July meeting a motion was made and
unanimously passed to convene in executive session.
7. It
is found that the respondent failed to state any purpose for the executive
session as required by 1-21(a), G.S., and defined in 1-18a(e), G.S.
8. It
is found that the discussion held in executive session concerned the
transportation request.
9. The
respondent concedes that any students' names, ages or street addresses
discussed in executive session had already been disclosed and discussed as part
of the public portion of the July meeting wherein the parents submitting the
transportation request spoke in support of their request.
10. It
is found that nothing "confidential" was discussed in executive
session concerning the affected students or the transportation request since
nothing was discussed in closed session that had not already been disclosed and
openly discussed in public session at the July meeting.
11. It
is further found that the respondent failed to prove the applicability of FERPA
to the facts and circumstances of this case.
12. It
is concluded, therefore, that the respondent violated 1-18a(e) and
1-21, G.S., by convening in executive session at its July meeting.
13. It
is further concluded that the complainants were wrongfully denied their right
to attend those portions of the July meeting improperly held in executive
session, in violation of 1-21, G.S.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
Docket #FIC 95-280 Page
3
1. Henceforth
the respondent shall convene in executive session only for the specific
purposes set forth in 1-18a(e)(1)-(5), G.S., and the purpose for which the
executive session is convened must be clearly and accurately stated at the
public meeting as required by 1-21(a), G.S.
2. Within
five days of the date of mailing the notice of final decision in this case, the
respondent shall cause a copy of the Commission's final decision in this case
to be conspicuously posted in the place where its meeting notices and agendas
are posted, for a period of not less than thirty (30) days.
Approved by Order of the
Freedom of Information Commission at its regular meeting of April 24, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-280 Page
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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:
Lori Longhi
21 Celtic Court
Enfield, CT 06082
Ellen Martin
6 Patricia Circle
Enfield, CT 06082
Enfield Board of Education
c/o Karen Simmonds, Esq.
Shipman and Goodwin
One American Row
Hartford, CT 06103-2819
Elizabeth A. Leifert
Acting Clerk of the Commission