The above captioned matter was heard as a contested case on September 25, 1978 at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.

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

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

         2. By letter dated July 2, 1978 addressed to the respondent first selectman the complainant requested a copy of a letter which the first selectman had written to the complainant.

         3. Having received no response from the respondent first selectman the complainant filed his appeal with this Commission on July 20, 1978 claiming a violation of his right to receive a copy of a public record.

         4. The respondent first selectman did not appear at the hearing.

         5. Although the minutes of the April 13, 1978 selectmen's meeting show that the first selectman claimed he had given the complainant a copy of the requested letter, the aforesaid copy was not received by the    complainant.

         6. It is concluded, therefore, that the complainant has a right under §1-15 and §1-19(a), G.S. to receive a copy of the requested letter.

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

         1. The respondent first selectman shall provide the complainant with a copy of the letter requested in the complainant's July 2, 1978 letter within two weeks of the date this opinion is adopted by the Freedom of Information Commission.

         Approved by order of the Freedom of Information Commission on November 8, 1978.