In the Matter of a Complaint by FINAL DECISION


Bailey J. Cook, III,




against Docket #FIC 86-341


Board of Police Commissioners, Town of Seymour,


Respondent March 11, 1987


The above-captioned matter was heard as a contested case on January 20, 1987, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint. The respondent did not appear.


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 dated December 3, 1986 and filed with the Commission on December 15, 1986, the complainant alleged that the respondent failed to provide him with notice of its November 20, 1986 regular meeting and November 24, 1986 special meeting in violation of 1-21c, G.S.


3. At the hearing, the complainant requested the imposition of a civil penalty.


4. It is found that the complainant presented a written request on February 27, 1986 to receive notice of the respondent's special and regular meetings, but did not receive written notice of the respondent's November 20, 1986 regular meeting and November 24, 1986 special meeting.


5. It therefore is concluded that the respondent violated 1-21c, G.S., by failing to provide the complainant with notice of its November 20 and 24, 1986 meetings.


6. It further is concluded that the violations set forth in paragraph 6, above, were made without reasonable grounds within the meaning of 1-21i(b), G.S.


Docket #FIC 86-341 Page 2


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


1. The following members of the respondent commission are hereby ordered to appear before the Commission at a date to be determined to show cause why a civil penalty should not be imposed pursuant to 1-21i(b), G.S.: Arthur Baldwin; Frederick Elliot, Sr.; Robert Hardy; Robert L. Kulas; and Stephen Shymansky.


Approved by order of the Freedom of Information Commission at its regular meeting of March 11, 1987.


Catherine I. Hostetter

Acting Clerk of the Commission