In the Matter of a Complaint by FINAL DECISION


Robert Natkin,




against Docket #FIC 88-486


Roy C. B. Bradshaw, John Hayes, James MacBroom and Redding Technical Team,


Respondents April 12, 1989


The above-captioned matter was heard as a contested case on March 3, 1989, at which time the complainant and the respondents 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. By letter of complaint postmarked December 8, 1988, the complainant alleged that the respondent held an illegal public meeting prior to November 8, 1988, in violation of the order in #FIC 87-302, Nancy Burton v. Redding Technical Team, et al.


2. The respondents claimed that there had been no meeting in violation of the order on #FIC 87-302.


3. At hearing, the parties referenced the Commission's decision in FIC #87-302, Nancy Burton v. Redding Technical Team, et al. In that case, the Commission determined that the respondents' purely technical reviews of applications constitute administrative or staff meetings of a single-member public agency within the meaning of 1-18a(b), G.S., but that, when acting in concert to render an opinion concerning the granting or denial of an application on its merits, it is a multi-member public agency whose meetings must be conducted in compliance with the requirements of 1-21(a), G.S.


4. It is found that the named respondents did meet prior to November 8, 1989, but not as a public agency in violation of the order in #FIC 87-302.


Docket #FIC 88-486 page two


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 12, 1989.



Karen J. Haggett

Clerk of the Commission