In the Matter of a Complaint by FINAL DECISION


Richard D. Calhoun




against Docket #FIC 87-123


North Canaan Water Pollution Control Authority


Respondent October 14, 1987


The above-captioned matter was heard as a contested case on June 12, 1987, at which time the complainant 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. By letter of complaint filed with the Commission April 24, 1987, the complainant alleged that the respondent conducted a meeting with the Canaan Fire District on April 7, 1987 without proper notice and without an agenda.


3. The complainent asked that the actions taken at the meeting be declared null and void.


4. The respondent agreed that the notice of the meeting had not been filed with the town clerk as required by 1-21, G.S.


5. The meeting was rescheduled and the business which was before it reconsidered after the defects in the notice were disclosed.


6. It is found that an order declaring the actions taken at the April 7, 1987 meeting null and void is inappropriate, because under the circumstances of this case it would have no practical effect.


Document #FIC 87-123 page 2


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


1. The respondent shall henceforth comply with the notice requirements of 1-21, G.S.


Approved by order of the Freedom of Information its regular meeting of October 14, 1987.



Catherine H. Lynch

Acting Clerk of the Commission