In the Matter of a Complaint by FINAL DECISION


Carol Kiem and Donald L. Shirley,




against Docket #FIC 86-3


Office of Community Development of the City of Norwich,


Respondent August 27, 1986


The above captioned matter was heard as a contested case on July 8, 1986, at which time the complainants and the respondent appeared and presented testimony, exhibits and argument on the complaint.


After consideration of the entire record the following facts are found:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter of complaint filed with the Commission on January 2, 1986 the complainants alleged that the respondent had failed to provide them with a copy of the following documents: (a) a lien waiver signed by Mr. Hundall and (b) the contract between the complainant Kiem, the respondent and Mr. Sophia. The complainants further stated that the respondent had been ordered by the Commission to disclose these documents in docket #FIC 85-130.


3. It is found that the two documents in question do not exist.


Docket #FIC 86-3 Page 2


The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:


1. The complaint is dismissed.


2. The Commission notes that this hearing could have been avoided had the community development coordinator for the respondent informed the complainants that the two documents in question do not exist. It is understandable, under the circumstances, how the complainants could draw reasonable inferences that there was a continuous violation of the Freedom of Information Act on the part of the respondent, in view of the Commission's order in docket #FIC 85-130.


Approved by order of the Freedom of Information Commission at its regular meeting of August 27, 1986.


Karen J. Haggett

Clerk of the Commission