The above-captioned matter was scheduled to be heard as a contested case on April 30 and July 20, 1999, at which times the complainant and the respondents appeared in order to present testimony and argument on the complaint.

        At informal conferences prior to the April 30, 1999 and July 20, 1999 hearings, the complainant and the respondents reached the terms of an agreement in resolution of this contested case. On April 30, 1999, the respondents agreed to furnish the Schluter Report to the complainant with references to alleged personal relationships redacted. On July 20, 1999, the hearing officer reviewed the Schluter Report prepared by the respondents with three proposed, short redactions which did, in fact, refer only to alleged personal relationships. The respondents agreed to mail a copy of the Schluter Report with only those three redactions to the complainant by Friday, July 23, 1999. Based upon this agreement, the complainant informed the Commission that she wished to withdraw her complaint.

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

Approved by Order of the Freedom of Information Commission at its regular meeting of

September 8, 1999.

_________________________

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:

Susan Lowe
46 Walnut Avenue
East Hampton, CT 06424
Lieutenant Colonel, State of Connecticut, Military Department, Connecticut Army
National Guard; and State of Connecticut, Military Department, Connecticut Army
National Guard
c/o Atty. Stephen R. Sarnoski
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1999-116FD/mrb/09091999