In the Matter of a Complaint by FINAL DECISION


Anne S. Bradley,




against Docket #FIC 86-113


West Haven City Council Ad Hoc Committee on Condominium Spot Zoning,


Respondent June 11, 1986


The above captioned matter was heard as a contested case on May 20, 1986, at which time the complainant 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 May 1, 1986 the complainant alleged that the respondent violated the Freedom of Information Act by failing to file the minutes of an April 14, 1986 meeting.


3. It is found that on April 14, 1986 the respondent scheduled a meeting to discuss what action it could take to establish a temporary moritorium on the construction of multi-family dwellings.


4. It is further found that no minutes were taken at the meeting in question. However, once the complainant filed an appeal with the Commission, the respondent reconstructed minutes for the meeting. The reconstructed minutes for the April 14 meeting were not available until May 20, 1986, in violation of 1-21(a), G.S.


Docket #FIC 86-113 Page 2


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


1. The respondent shall henceforth comply with the requirements of 1-21(a), G.S.


Approved by order of the Freedom of Information Commission at its regular meeting.


Karen J. Haggett

Clerk of the Commission