In the Matter of a Complaint by FINAL DECISION


Board of Directors and Executive Director, Gateway Communities, Inc.,




against Docket #FIC 86-207


President, Southwest Regional Mental Health Board,


Respondent October 8, 1986


The above-captioned matter was heard as a contested case on August 25, 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. On June 10, 1986 the complainants made a request of the respondent for various documents concerning the defunding of Gateway Communities, Inc.


3. From denial of access to the requested documents, the complainants appealed to the Commission by complaint filed on July 25, 1986.


4. It is found that more than 30 days have elapsed from the date of the request and the filing of the complaint with the Commission.


5. It is therefore concluded that pursuant to 1-21i(b), G.S., the Commission lacks jurisdiction to hear the complaint.


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


1. The complaint is hereby dismissed.


Docket #FIC 86-207 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