In the Matter of a Complaint by Final Decision


Kathleen O. Minneman,




against Docket #FIC 88-413


Norwich Board of Education,


Respondent May 10, 1989


The above-captioned matter was scheduled for hearing November 28, 1988. Thereafter it was continued twice, to January 17, 1989, and then to February 24, 1989, at which time the parties appeared and presented testimony and evidence on the case.


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 complaint filed October 18, 1988, the complainant requested that the Commission declare the actions taken by the respondent at meetings on August 23, 1988 and October 13, 1988 null and void.


3. It is found that on August 23, 1988 the respondent voted to terminate the complainant.


4. It is found that on October 13, 1988 the respondent held a hearing pursuant to 10-151, G.S., on its decision to terminate the complainant.


5. It is found that the Commission has no jurisdiction over any violations of 1-15, G.S., et seq., which occurred more than thirty days prior to the mailing of the complainant's letter of complaint.


6. It is concluded, therefore, that the Commission has no jurisdiction over matters related to the August 23, 1988 meeting.


7. The complainant alleges that the October 13, 1988 meeting violated the Freedom of Information Act because it was held against her expressed wishes.


Docket #FIC 88-413 page 2


8. It is found that no provision of the Freedom of Information Act requires a public agency to schedule meetings at the convenience of members of the public.


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 May 10, 1989.



Karen J. Haggett

Clerk of the Commission