In the Matter of a Complaint by FINAL DECISION


Eugene Williams,




against Docket #FIC 87-366


Lisbon Board of Selectmen,


Respondent July 27, 1988


The above-captioned matter was heard as a contested case on January 25, 1988, at which time the parties appeared and presented evidence 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 filed December 10, 1987, the complainant alleged that the respondent had failed to file minutes of a hearing within the seven days required by 1-21, G.S., and also that the first selectman had held an illegal meeting on November 16, 1987.


3. It is found that, on October 21, 1987, a hearing was held by the respondent on a proposed code of ethics.


4. It is found that the minutes of the hearing were not filed until January 11, 1988.


5. It is concluded that the respondent failed to file minutes of the hearing within the seven days required by 1-21, G.S.


6. It is found that, on November 16, 1987, the last day of his term, the first selectman discussed the appointment of a new town counsel, with the man who had been elected to replace him.


7. It is found that the discussion was not a meeting within the meaning of 1-18a(b), G.S., because only one public official, the first selectman then in office, was present.


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


Docket #FIC 87-366 page two


1. The respondent shall henceforth comply with the requirement of 1-21, G.S., that minutes be filed within seven days of the meeting to which they refer.


2. The portion of the complaint which alleges an illegal meeting is hereby dismissed.


Approved by order of the Freedom of Information Commission at its special meeting of July 27, 1988.


Catherine H. Lynch

Acting Clerk of the Commission