The above-captioned matter was heard as a contested case on May 14 and August 
18, 1998, at which times the complainant and the respondents appeared, and presented 
testimony, exhibits and argument on the complaint. The caption above has been amended 
and restated in order to reflect the addition of Penny Potter as a respondent. A report of 
the hearing officer was transmitted to the parties on October 5, 1998.

	On October 23, 1998, the complainant filed a request with the Commission that 
his complaint be withdrawn, as part of a comprehensive settlement with the respondent 
department. On October 26, 1998, a settlement conference was held, with all parties 
represented, concerning the procedures for consideration of a revised hearing officer’s 
report. 

	The Commission warmly commends both the complainant and the respondents 
for working successfully to negotiate a settlement of their earlier deep-seated differences. 
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.


Approved by Order of the Freedom of Information Commission at its regular meeting of 
October 28, 1998.

_________________________
Melanie R. Balfour
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 W. Lowe 
46 Walnut Avenue
East Hampton, CT 06424

Staff Judge Advocate, State of
Connecticut, Military Department,
Connecticut Army National Guard; 
State of Connecticut, Military Department, 
Connecticut Army National Guard;
c/o Lieutenant Colonel Michael Tuohy
Staff Judge Advocate
Military Department
360 Broad Street
Hartford, CT 06105
and
c/o Atty. Stephen R. Sarnoski
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
and
c/o Atty. Henri Alexandre
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
and
Penny Potter
c/o Atty. Patrick G. Lyle
Lyle, Hume & Associates, LLC
125 Hungerford Street, Suite 1A
Hartford, CT 06106

__________________________
Melanie R. Balfour
Acting Clerk of the Commission

FIC1998-040FD/mrb10291998