The above captioned matter was heard as a contested case on November 3, 1978, 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. The respondents are public agencies as defined by §1-18a(a), G.S.

         2. By letters dated July 14 and July 21, 1978, the complainant requested the following information from the respondent chairman:

                     a. copies of a petition from certain senior citizens stating that they do not want  

                         to belong to the Tenants Association;

                     b. copies of nomination petitions and a breakdown of each nominee named and

                         the amount of votes received in a certain election.

                     c. a certain request for authorization to conduct an election.

         3. Having failed to receive compliance within four business days, the complainant filed the present complaint with the Commission on July 26, 1978.

         4. The respondents voluntarily provided the complainant with a copy of the request for authorization referred to in subsection (c) of paragraph 2 above.

         5. The respondents have retained copies of two petitions signed by a group of senior citizens stating that they do not want to belong to the Tenants Association.  These petitions were the primary basis for a subsequently held election in July, 1978.

         6. The respondents have also retained copies of the requested list of nominees and the amount of votes received.

         7. The requested records do not fall within any of the categories of exemptions listed under §1-19(b), G.S. nor do the regulations of the United States Department of Housing and Urban Development prohibit mandatory disclosure.

         8. Such records are found to constitute public records as defined by §1-18a(d), G.S.

         9. It is further found that the respondents denied the complainant his right to receive copies of such records as required by §1-15, G.S.

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

         1. The respondents shall, within three days of receiving Notice of Final Decision in this matter, provide the complainant with copies of the senior citizen petitions, list of nominees and the total votes received by each such nominee as requested.

           Approved by order of the Freedom of Information Commission on December 13, 1978.