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Final Decision FIC1978-079
In the Matter of a Complaint by
FINAL DECISION
Alan R. Dikeman,
     Complainant
     against
Docket #FIC78-079
Town of Darien; and the Superintendent
of Schools of the Town of Darien,
     Respondents
September 13, 1978

     The above captioned matter was heard as a contested case on June 12, 1978 at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint.
     Heard simultaneously with the above captioned complaint was docket #FIC78-98, a matter in which the identity of the complainant and the respondent were identical and which was resolved by stipulation.
     Upon motion the Darien Education Association was given the status of intervenor and permitted to examine witnesses and present oral and written argument.
     1.  The respondents are public agencies within the meaning of §1-18a(a), G.S.
     2.  By letter addressed to the respondent superintendent dated March 24, 1978 the complainant requested copies of ten different types of records relating to a trip to China by some students in Darien High School.
     3.  By letter dated March 31, 1978 the respondent superintendent provided all documents which the complainant requested which were in its files except the names and mailing addresses of the parents of the students who went on the trip and a partial list of contributors.
     4.  By letter filed with this Commission April 25, 1978 the complainant appealed the respondent superintendent's denial of his request.
     5.  The respondent superintendent claimed that the names of parents of students were exempt under §1-19(b)(11), G.S. and that disclosure of the list of the contributors is an invasion of privacy prohibited under §1-19(b)(2), G.S.
     6.  It is found that disclosure of the names of parents and their addresses is not prohibited by §1-19(b)(11), G.S.
     7.  The list of contributors which exists is only partial because fund raising was conducted in a variety of ways, including the holding of a benefit concert to raise funds for the trip and not every contributor's name was recorded.
     8.  It is concluded that the partial list of contributors does not constitute a personnel, medical or similar file within the meaning of §1-19(b)(2), G.S.
     9.  It is further concluded that if it is assumed that the partial list of contributors did constitute a personnel, medical or similar file disclosure of such list would not constitute an invasion of privacy of the contributors because of the public interest in knowing how educational trips for public school students are financed.
     The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:
     1.  The respondent superintendent shall forthwith furnish the complainant with the list of parents names and addresses and the partial list of contributors.
     2.  The aforesaid order of disclosure is in no sense an expression of Commission support for the use to which the complainant intends to put the information.
     3.  The respondents alleged that disclosure of the names of the contributors would constitute an abridgement of their freedom of association. While this Commission lacks jurisdiction to determine constitutional claims, the allegation of injury to the constitutional rights of the contributors is without merit.
     At the Freedom of Information Commission's regular meeting of September 13, 1978, the Commission voted 4-0 (Commissioner Rogers had not yet arrived at the meeting) to grant Dr. Robbins the status of party in the above captioned matter.

          Approved by order of the Freedom of Information Commission on September 13, 1978.