In the Matter of a Complaint by FINAL DECISION


Ethan Book, Jr., and New England Energy Consultants,




against Docket #FIC 88-3


First Selectman of the Town of Fairfield,


Respondent April 27, 1988


The above-captioned matter was heard as a contested case on March 3, 1988, at which time the complainants and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter dated December 18, 1987, the complainants requested the respondent provide them with a copy of her calendar or diary for August 1985.


3. By letter dated December 28, 1987, and filed with the Commission on January 4, 1988, the complainants appealed to the Commission, alleging the denial of their right of access to public records.


4. The respondent claims the requested record does not exist.


5. It is found that the record in question is the respondent's office calendar, on which she notes the meeting times of all Fairfield boards, other dates relevant to her position as first selectman, personal appointments, and family occasions.


6. It is found that at the end of each calendar year the respondent disposes of her calendar by throwing it in the garbage, so that her 1985 calendar no longer exists.


Docket #FIC 88-3 Page Two


7. It is concluded, therefore, that the respondent did not violate 1-15 or 1-19(a), G.S.


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 without prejudice.


2. The Commission cautions the respondent that the public information in her office calendars may be subject to the state records retention statutes and that she should contact the state records retention administrator for the applicable retention schedule.


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