In the Matter of a Complaint by FINAL DECISION

Robert S. Kulas,

Complainant

against Docket #FIC 86-98

Board of Ethics of the Town of Seymour,

Respondent June 3, 1986

The above captioned matter was heard as a contested case on April 30, 1986, at which time the complainant and the respondent 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. The respondent is a public agency within the meaning of 1-18a(a), G.S.

2. By letter of complaint filed with the Commission on April 10, 1986 the complainant alleged that the respondent has failed to promulgate and adopt reasonable rules for the administration of its proceedings and held a meeting without a quorum present to discuss a complaint that had been filed against him, in violation of the Town of Seymour's Code of Ethics. The complainant further alleged that the respondent's failure to notify him and to discuss the complaint in private violated 1-6D of the The Town of Seymour's Code of Ethics.

3. It is found that none of the allegations set forth in paragraph 2, above, violate any provisions of the Freedom of Information Act.

4. It is therefore concluded that the Commission lacks jurisdiction to determine the complaint.

Docket #FIC 86-98 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 May 28, 1986.

ÿ

Karen J. Haggett

Clerk of the Commission