In the Matter of a Complaint by FINAL DECISION


Thomas Supina, Jr.,




against Docket #FIC 88‑225


Ashford Board of Selectmen,


Respondent December 14, 1988


The above‑captioned matter was heard as a contested case on August 5, 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 of complaint filed June 14, 1988, the complainant alleged that the respondent held an illegal meeting without notice, agenda, or minutes on June 6, 1988.


3. It is found that the respondent met June 6, 1988 to interview two persons for the position of tax collector, an elective office being filled with an interim appointment.


4. It is found that the interview of two persons for the position of tax collector was a meeting within the meaning of 1‑18a(b), G.S.


5. It is concluded that the respondent violated the open meetings provisions of 1‑21, G.S., when it failed to post notice, provide an agenda, permit public attendance, and provide minutes for its June 6, 1988 meeting.


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


1. Henceforth, the respondent shall comply with 1‑21, G.S.


Docket #FIC 88‑225 page two


2. The respondent is urged to review the final decision in #FIC 78‑128, Danbury News Times, et al. vs. Town of Brookfield and the Board of Education of the Town of Brookfield, which deals with the proper procedure for consideration of the appointment of a person to fill the unexpired term of an elected official.


Approved by order of the Freedom of Information Commission at its special meeting of December 14, 1988.



Catherine H. Lynch

Acting Clerk of the Commission