FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
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Matthew Higbee, The Connecticut Post, and Ladavia Law, Administratrix of the Estate of James Law, |
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| Complainants | |||
| against | Docket #FIC 2005-465 | ||
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Commissioner, State of Connecticut, Department of Public Safety, |
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| Respondent | September 13, 2006 | ||
Ladavia Law, Administratrix of the Estate of James Law, moved to intervene as a party, and her motion was granted on January 12, 2006. The caption of the matter, shown above, has been amended accordingly. The matter was heard as a contested case on January 18, 2006, at which time the complainants and the respondent appeared and presented testimony, exhibits and argument on the complaint.
On March 20, 2006, the Freedom of Information Commission (“Commission”) issued an order for a continued hearing and for the respondent to give notice pursuant to §1-206(b)(1), G.S., to the public employees whose personnel records the disclosure of which, the respondent believed, “would legally constitute an invasion of privacy”. §1-214(b), G.S. At the continued hearing on May 11, 2006, the respondent appeared and presented testimony and exhibits concerning the notice given. No other persons appeared at the May 11, 2006 hearing.
On July 28, 2006, a proposed final decision prepared by the hearing officer was transmitted to the parties. On August 14, 2006, the complainants filed a letter and an attachment with the Commission asking for a reopened hearing. On August 23, 2006, the Commission voted to remand the matter to the hearing officer for the purpose of considering more evidence with respect to the exemption at §1-210(b)(3), G.S. The reopened hearing was scheduled for August 29, 2006.
By facsimile dated and filed with the Commission on August 28, 2006, the complainants withdrew their complaint in this matter. The Commission takes administrative notice of such facsimile.
The following orders by the Commission are hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Based on the withdrawal of the complaint, the case is hereby dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 2006.
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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:
Matthew Higbee, and
The Connecticut Post
35 Elizabeth Street
Derby, CT 06418
Ladavia Law, Administratrix of the
Commissioner, State of Connecticut,
Department of Public Safety
c/o Lynn D. Wittenbrink, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2005-465FD/paj/9/19/2006