In the Matter of a Complaint by FINAL DECISION


Kenith S. Smith and IBPO Local 540




against Docket #FIC 87-13


Police Commission of the Town of East Windsor, and the Chairman of the Police Commission of the Town of East Windsor


Respondents May 27, 1987


The above captioned matter was scheduled for hearing March 30, 1987, at which time the parties appeared and presented evidence and argument on the complaint.


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


2. By letter dated November 25, 1986, the complainants requested copies of tapes of meetings of the respondent commission which had been made on November 13, 1986, and November 21, 1986, by Commissioner Mannette.


3. On December 23, 1986, the complainants received a letter from the respondent chairman stating that the respondent commission took no action on their request at a meeting on December 17, 1986.


4. On January 16, 1987, the complainants filed their appeal alleging denial of their right to receive copies of public records.


5. Commissioner Mannette claimed that the tape recordings of the meetings were made for his personal use, to refresh his recollection concerning the meetings of the commission.


6. Commissioner Mannette shared his tape recordings with the chief of police who made copies of them to refresh his own recollection concerning meetings.


7. It is found under the facts of this case that the tape recordings are public records within the meaning of 1-18a(d), G.S.


Docket # FIC 87-13 page two


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


1. The respondents shall provide the complainants with copies of the tapes which they requested in their letter of November 25, 1986, which is more fully described at paragraph two.


Approved by order of the Freedom of Information Commission at its regular meeting of May 27, 1987.


Catherine I. Hostetter

Acting Clerk of the Commission