In the Matter of a Complaint by FINAL DECISION


Thomas Supina, Jr.




against Docket #FIC 88‑408


William Becker, Ralph Carpenter, Stanley Seaver, Alan Gelfand, Donald Prothero, Barbara Johnson, Paula Falkner and Ashford Board of Finance,


Respondents December 20, 1988


The above captioned matter was heard as a contested case November 18, 1988. At that time the parties appeared and presented evidence and argument on the complaint.


After consideration of the entire record, the following facts were found:


1. The respondents are public agencies within the meaning of 1‑18a(a), G.S.


2. By complaint filed September 27, 1988 the complainant alleged that the respondents failed to file minutes of their September 1, 1988 meeting and a record of motions and votes for their September 15, 1988 meeting.


3. At hearing the respondents admitted they had not filed the records in a timely manner.


4. It is found that the minutes and the record of motions and votes which are at issue in this matter are now filed.


5. The complainant seeks a civil penalty against the individually named respondents for their failure to comply with the requirements of 1‑21, G.S.


6. It is found that it is not appropriate to impose a civil penalty in this case.


Docket #FIC 88‑408 page two


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 the requirements of 1‑21, G.S.


Approved by order of the Freedom of Information Commission at its special meeting of December 20, 1988.



Catherine H. Lynch

Acting Clerk of the Commission