In the Matter of a Complaint by FINAL DECISION


Michael A. Terek,




against Docket #FIC 88-18


First Selectman and Administrative Assistant to the First Selectman of the Town of Fairfield,


Respondents April 27, 1988


The above-captioned matter was heard as a contested case on March 3, 1988, at which time the complainant and the respondent appeared and presented 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 December 7, 1987 the complainant made a request of the respondents for all comments and complaints that had been received concerning the town clerk, her office and the operations thereof.


3. It is found that on December 14, 1987 the complainant was denied acces to the requested information.


4. From denial of access to the requested documents, the complainant appealed to the Commission by complaint postmarked January 14, 1988, received and filed with the Commission on January 19, 1988.


5. It is found that more than 30 days elapsed between the date of the denial and the filing of the complaint with the Commission.


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


Docket #FIC 88-18 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