In the Matter of a Complaint by FINAL DECISION


The Recovery Alliance, Inc.,




against Docket #FIC 87-340


City of Milford and Milford City Attorney,


Respondents February 24, 1988


The above-captioned matter was heard as a contested case on December 30, 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 dated October 21, 1987, the complainant requested a certified copy of a February 15, 1984 letter from the State's Attorney to the Milford Police Chief.


3. By letter dated October 22, 1987, the respondent city attorney denied the complainant's request, claiming the release of the requested record would violate 1-19b(b), G.S.


4. By letter of complaint dated November 22, 1987 and filed with the Commission on November 23, 1987, the complainant alleged the respondents violated the Freedom of Information Act in their failure to release the requested record.


5. Subsequent to the hearing, the respondent moved to dismiss the complaint on the ground that it was not filed with the Commission within thirty days from the date of the denial of the request, as required by 1-21i(b), G.S.


6. It is found the letter of complaint was filed with the Commission more than thirty days from the date of the denial of the request.


7. It therefore is concluded the Commission does not have subject matter jurisdiction over the complaint within the meaning of 1-21i(b), G.S.


Docket #FIC 87-340 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 February 24, 1988.



Catherine H. Lynch

Acting Clerk of the Commission