In the Matter of a Complaint by FINAL DECISION


Henry E. Buermeyer




against Docket # FIC 86-197


City Clerk and Conservation Commission of the City of Groton


Respondents October 8, 1986


The above captioned matter was scheduled for hearing August 11, 1986 at which time the parties appeared and presented evidence and argument on the complaint.

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


1. The respondents are public agencies within the meaning of 1-18a(a), G.S.


2. By letter filed with the commission on July ll, 1986, the complainant alleged that the respondent commission had failed to file a timely record of its votes and minutes for its meetings which it held on May 6, 1986, June 3, 1986, and May 13, 1986.


3. The respondent commission agreed that it had failed to comply with the time limits required for votes and minutes which are set forth at 1-21, G.S.


4. It is found that the city clerk has no authority to require the respondent commission to comply with 1-21, G.S.


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 with respect to the respondent city clerk.


2. Henceforth, the respondent conservation commission shall comply with the time requirements for the filing of votes and minutes as set forth at 1-21, G.S.


3. The respondent conservation commission is urged to seek further education regarding its responsibilities under the Freedom of Information Act.


Docket #FIC86-197 Page Two


Approved by order of the Freedom of Information Commission at its regular meeting of October 8, 1986.


Catherine I. Hostetter

Acting Clerk of the Commission