FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

West Hartford News,

 

                        Complainant

 

            against              Docket #FIC 88-87

 

Superintendent of Schools of the Town of West Hartford,

 

                        Respondent                  July 12, 1995

 

            The above-captioned matter was heard as a contested case on May 2, 1988, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  At the May 2 hearing Parker Simonds was made a party in the case.

 

            On July 26, 1988, Mr. Simonds appealed the Commission's final decision dated July 19, 1988.

 

            On March 26, 1991, the Superior Court dismissed the Simonds appeal.  On April 15, 1991, Mr. Simonds appealed that judgment to the Appellate Court.  By agreement of the parties the appeal to the Appellate Court was withdrawn so that the Commission could, on remand, conduct an in camera review of the records at issue.  A motion to reopen the judgment was accordingly granted by the Superior Court, and on November 2, 1992, the parties appeared before the Commission to present testimony, exhibits and argument on the in camera submission. 

 

            After the issuance of the Final Decision of the Commission approved on March 10, 1993, Parker Simonds appealed that decision to the Superior Court (Maloney, J.).  By memorandum of decision dated April 8, 1994, Maloney, J. ordered the case remanded to the Commission so that evidence concerning the termination of Parker Simonds' employment with the town of West Hartford could be taken. 

 

            Prior to this Commission's reopening of the hearing into this matter for the taking of further evidence on May 4, 1995, the complainant withdrew its complaint against the respondent in this matter.  Accordingly, no party appeared before this Commission on May 4, 1995.

 

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

 

Docket #FIC 88-87                             Page 2

 

            1.  The complaint is hereby dismissed for failure to prosecute.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 12, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

WEST HARTFORD NEWS

20 Isham Road

P.O. Box 2

West Hartford, CT 06107

 

SUPERINTENDENT OF SCHOOLS OF THE TOWN OF WEST HARTFORD

c/o Marjorie S. Wilder, Esq.

Corporation Counsel

50 South Main Street

West Hartford, CT 06107

 

PARKER SIMONDS

c/o Ronald Cordilico, Esq.

Connecticut Education Association

21 Oak Street, Suite 500

Hartford, CT 06106

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission