In the Matter of a Complaint by FINAL DECISION


Douglas M. Dingee and Greenwich Fire Fighters Local 1042,




against Docket #FIC 88-4


Chief, Greenwich Fire Department,


Respondent April 13, 1988


The above-captioned matter was heard as a contested case on February 19, 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 1, 1987, the complainants requested that the respondent provide them with copies of:


a. a list of certified volunteer officers and their certification documents,


b. or, if no such records existed, a letter stating so.


3. Alleging the denial of their request, the complainants appealed to the Commission by letter dated December 24, 1987, and filed with the Commission on January 1, 1988.


4. At the hearing, the respondent claimed that it did not have the records in question, but agreed with the complainants' contention that it should. The respondent also stated it was working to obtain the records and agreed that when they are received they should be disclosed to the complainants and the public.


5. It is found that the respondent did not have the records in question when the complainants requested them.


6. It is also found, however, that the respondent did not respond to the complainants' request in writing within four


Docket #FIC 88-4 Page Two


business days of its receipt.


7. It is concluded, therefore, that the respondent violated 1-21i(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 respondent henceforth shall act in strict compliance with 1-21i(a), G.S.


2. The respondent shall provide the complainant with copies of the records described in paragraph 2a, above, forthwith upon receiving them.


Approved by order of the Freedom of Information Commission at its regular meeting of April 13, 1988.



Catherine H. Lynch

Acting Clerk of the Commission