FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| William Cohen, | |||
| Complainant | |||
| against | Docket #FIC 2005-381 | ||
|
General Manager, Second Taxing District, City of Norwalk, |
|||
| Respondents | November 9, 2005 | ||
The above-captioned matter was scheduled to be heard as a contested case on October 5, 2005, at which time the respondent appeared, but the complainant failed to appear. At 9:42 a.m. on the date of the hearing, the Commission received via telefax a letter from counsel for the complainant, stating, “I am withdrawing my appearance [sic] for the meeting [sic] scheduled on October 10, 2005 [sic] at 2:00 p.m.” Counsel for the complainant did not communicate his withdrawal to counsel for the respondent. The Commission treated this communication as a withdrawal of an appearance, although it may have been intended as a withdrawal of the complaint. The Commission was unable to reach either counsel for the complainant or the complainant personally on the day of the scheduled hearing.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed with prejudice for failure to prosecute.
2. Counsel for the complainant is admonished for his unprofessional failure to communicate his intention clearly to the Commission, and for his failure to copy his “withdrawal” to counsel for the respondent.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 9, 2005.
________________________________
Petrea A. Jones
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:
General Manager,
Second Taxing District,
City of Norwalk
c/o Barbara L. Coughlan, Esq.
134 East Avenue
Norwalk, CT 06852
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2005-381FD/paj/11/16/2005