FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was scheduled to be heard as a contested case on February 10, 2009, at which time the complainant and the respondents appeared.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction. See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.). 

 

At the outset of the hearing in this matter, the hearing officer opened the hearing with an explanation of the hearing procedures and permitted the attorneys present at the hearing to state their names and the parties each represented.  Attorney J. William Gagne, Jr., who represented Ms. Sharon Byers, the subject of the requested records at issue in this complaint, and her union, Local 391 of AFSCME Council 4 AFL-CIO, made a motion for intervenor status on behalf of his clients.  After hearing argument from Attorney Gagne, the complainant, and the respondents, the hearing officer granted the motion, after which the complainant abruptly terminated the telephone call.  To confirm that the complainant had in fact terminated the telephone call and no longer wished to proceed with the hearing, the hearing officer called the correctional facility and was verbally informed by the complainant that he “was finished” and he terminated the call again.  Thereafter, the hearing officer granted the respondents’ motion that the complaint be dismissed for failure to prosecute.

 

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 for failure to prosecute.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 26, 2009.

 

 

____________________________

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:

 

Lawrence E. Townsend, #26467

Corrigan-Radgowski Correctional Institution

986 Norwich-New London Turnpike

Uncasville, CT 06382

 

Commissioner, State of Connecticut,

Department of Correction; and

State of Connecticut,

Department of Correction

c/o Steven R. Strom, Esq.

Assistant Attorney General

110 Sherman Street

Hartford, CT 06105

 

Sharon Byers; and Local 391 of AFSCME

Council 4 AFL-CIO

c/o J. William Gagne, Jr., Esq.

970 Farmington Avenue, Suite 207

West Hartford, CT 06107

 

 

 

____________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

 

 

 

FIC/2008-600FD/paj/8/28/2009