The above captioned matter was heard as a contested case on February 24, 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 respondent board is a public agency as defined by §1-18a(a), G.S.

     2.  By letter filed with the Commission on January 17, 1978, the complainant alleged that a quorum of the respondent commission met prior to the regularly scheduled meeting of December 15, 1977, in violation of the Freedom of Information Act.

     3.  The respondent commission consists of three members, any two of which constitutes a quorum.

     4.  It was admitted that two members of the respondent commission met on December 15, 1977, at some time prior to its December 15, 1977 regular meeting.

     5.  At that time, both members of the respondent commission discussed in more detail three items appearing on the agenda for the ensuing meeting.

     6.  The aforesaid discussion, having gone beyond the language of the agenda, itself constituted a separate meeting of the respondent commission to which all of the provisions of the Freedom of Information Act, concerning notice and minutes, apply.

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

     1.  Henceforth, a quorum of the respondent commission shall not hold a meeting without first according the public the notice required under §1-21, G.S.

Approved by order of the Freedom of Information Commission on March 22, 1978.