The above-captioned matter was scheduled to be heard as a contested case on December 1, 1997, at which time the complainant and the respondent appeared in order to present testimony and argument on the complaint.

        At an informal conference prior to the December 1, 1997 hearing, the complainant and the respondent reached the terms of an agreement in resolution of this contested case, wherein the parties agreed that henceforth:

a) when a complete drawer of records is provided to the complainant for her inspection pursuant to the final decision in Docket #FIC 1997-051, if any records properly stored in such drawer are removed by the respondent prior to delivery for inspection by the complainant, the respondent will include a sheet in the drawer noting the omission of removed records; and

b) if a Freedom of Information issue arises between the complainant and the Simsbury Board of Education, the complainant will, prior to filing a complaint with the Commission, bring such issue to the personal attention of the respondent for an effort directed toward non-litigated settlement, and conversely, the respondent will make himself personally available as an accessible "point of contact" for the complainant to seek resolution of such a Freedom of Information issue.

        Based upon this agreement, the complainant informed the Commission that she wished to withdraw her complaint.

        The Commission warmly commends both the complainant and the respondent for again working successfully to negotiate a non-litigated settlement of their earlier differences, and also notes that both the quality and tone of the interaction between the parties has improved markedly since the hearing date in Docket #FIC 1997-051.

        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 February 25, 1998.

_________________________
Doris V. Luetjen
Acting 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:
Joan Coe
26 Whitcomb Drive
Simsbury, CT 06070

David Holden, Business Manager, Board of Education, Town of Simsbury
c/o Atty. Thomas N. Sullivan
Sullivan, Schoen, Campane and Connon
646 Prospect Avenue
Hartford, CT 06105

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-267/FD/tcg/02251998