In the Matter of a Complaint by FINAL DECISION


David E. Miller,




against Docket #FIC 87-35


Regional School District #11 Study Committee and Education, Finance and Administrative Committees of the Regional School District #11 Study Committee,


Respondents June 24, 1987


The above-captioned matter was heard as a contested case on April 1, 1987, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits 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 of complaint dated February 11, 1987 and filed with the Commission on February 13, 1987, the complainant alleged that the respondent education, finance, and administrative committees of the regional school district #11 study committee, (hereinafter "subcommittees"), failed to post notice of their meetings in violation of the Freedom of Information Act.


3. Specifically, the complainant claimed that some respondent subcommittee members failed to receive written notice of their respective subcommittee meetings within the meaning of 1-21(a), G.S.


4. It is found that the complainant failed to prove that he had filed his complaint with the Commission within thirty days from the date he received notice in fact that such subcommittee meetings were held within the meaning of 1-21i(b), G.S.


5. It therefore is concluded that the complaint was not filed within thirty days of an alleged denial of any right conferred by the Freedom of Information Act within the meaning of 1-21i(b), G.S.


Docket #FIC 87-35 Page 2


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.


Approved by order of the Freedom of Information Commission at its regular meeting of June 24, 1987.


Catherine I. Hostetter

Acting Clerk of the Commission