FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on April 13, 2006, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.  Such complaint alleged that the respondent violated the Freedom of Information (“FOI”) Act by announcing its intention to meet in executive session on April 25, 2006 to discuss the complainant’s complaint to the respondent concerning a new grade weighting system (hereinafter “Board of Education complaint”).  Following the close of the hearing in this matter, the hearing officer issued a Report of Hearing Officer dated April 13, 2006.  By electronic mail dated April 17, 2006, and received by the Commission on April 18, 2006, the complainant, in relevant part, informed the Commission that:

 

“The Fairfield Board of Education has agreed that it will not meet in executive session to discuss my [Board of Education] Complaint on April 25 or thereafter.

 

I am satisfied with this agreement and I wish to proceed with withdrawing my appeal in the above captioned case. The hearing set before the Freedom of Information Commission on April 18, 2006 is therefore unnecessary.”

 

In the discretion of the hearing officer, and in light of the complainant’s April 17, 2006 communication, described above, the hearing officer withdraws the Report of Hearing Officer dated April 13, 2006, and issues this Report of Hearing Officer dated April 26, 2006 in lieu thereof.  

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.

2.  The Commission takes this opportunity to congratulate the parties on their efforts to resolve their earlier differences.

                       

Approved by Order of the Freedom of Information Commission at its regular meeting of May 24, 2006.

 

________________________________

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:

 

Elise R. Epner

36 Pequot Road

Fairfield, CT 06825

 

Board of Education,

Fairfield Public Schools

c/o Donald F. Houston, Esq.

1057 Broad Street

Bridgeport, CT 06604-4219

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2006-160FD/paj/5/31/2006