In the Matter of a Complaint by FINAL DECISION


Barbara Currie,




against Docket #FIC 87-342


Southbury Charter Revision Commission,


Respondent April 27, 1988


The above-captioned matter was heard as a contested case on February 29, 1988, at which time the complainant and the respondent appeared and presented testimony 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 on November 17, 1987 the complainant alleged that the respondent violated both the agenda and minutes requirements of the Freedom of Information Act when it deleted 803(C) and (D) from the town charter.


3. Specifically, the complainant alleged that having done some research, she has discovered that the respondent's agenda and minutes for its May 21, 1986, July 28, 1986, August 6, 1986, August 12, 1986 and August 13, 1986 meetings are incomplete.


4. It is found, however, that more than 30 days have elapsed from the date of the alleged violations and the filing of the complaint with the Commission.


5. It is therefore concluded that pursuant to 1-21i(b), G.S., the Commission lacks jurisdiction to hear the complaint.


Docket #FIC 87-342 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 April 27, 1988.


Catherine H. Lynch

Acting Clerk of the Commission