FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on March 3, 2010, at which time the complainants and the respondents appeared, stipulated to certain facts and presented exhibits and argument on the complaint.  By agreement of the parties, the case caption has been changed to reflect the accurate names of the complainants.

 

After a short recess during the March 3, 2010 hearing, the parties informed the Commission that they are in agreement as to the following:

 

1.  The parties will await the outcome of the currently pending case in Superior Court, Connecticut Department of Correction v. Freedom of Information Commission, Michael Courtney, Ronald Gold, David Smith, and Office of the Chief Public Defender, CV08-4017953. 

 

2.  If such pending court case is dismissed, the complainants may make another request for the records at issue in this matter, or for similar records, and the respondents shall not object to the complainants’ ability to make such a request.

 

3.  In the event the complainants make a request as described in paragraph 2, above, the respondents shall answer such request by identifying any responsive records which they have previously provided to the complainants, any additional records which they would agree to provide, and any records which they deem to be exempt from disclosure, along with the specific exemptions they claim.

 

4.  Based upon such understanding, the complainants withdrew the complaint in this matter.

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 without prejudice.

 

2.  The Commission commends the parties for their non-litigated settlement of this matter. 

           

           

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 28, 2010.

 

 

____________________________

S. Wilson

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:

 

Lazale Ashby, Jessie Campbell,

III, and Office of the Chief Public

Defender  

C/o Michael Courtney, Esq.

30 Trinity Street

Hartford, CT 06106

Commissioner, State of Connecticut,

Department of Correction; and State

of Connecticut, Department of

Correction

C/o Steven R. Strom, Esq. and

Terrence M. O’Neill, Esq.

Assistant Attorneys General

110 Sherman Street

Hartford, CT 06105

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2009-326FD/sw/4/30/2010