FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by | FINAL DECISION | ||
Michael K. Courtney, Ronald Gold, David G.E. Smith, and The Office of the Public Defender, |
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Complainants | |||
against | Docket #FIC 2007-451 | ||
Commissioner, State of Connecticut, Department of Correction, |
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Respondent | August 12, 2009 | ||
The above-captioned matter was heard as a contested case on January 24, 2008 and February 28, 2008, at which times the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
On August 13, 2008, the Commission adopted the final decision in this matter. Notice of such final decision was mailed to the parties on August 20, 2008. The respondent filed an appeal of such final decision with the Superior Court. In the course of that appeal, on September 26, 2008, the Court remanded the matter back to the Commission for an investigation into which records, within the scope of the complainants’ request, were not provided to the complainants, and were not submitted to the Commission for an in camera inspection; and to issue a new final decision.
However, by letter filed with the Commission on May 8, 2009, the complainants requested that the complaint in this matter be withdrawn without prejudice. On May 29, 2009, the respondent objected to the withdrawal without prejudice. The respondent also moved that the Commission both withdraw the complaint with prejudice, and vacate the August 13, 2008 final decision in this matter. On June 3, 2009, the complainants filed a response to the respondent’s objection. The Commission takes administrative notice of the foregoing pleadings of the parties.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Based on the withdrawal of the complaint, the complaint is hereby dismissed without prejudice.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 12, 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:
Michael K. Courtney, Ronald Gold,
David G.E. Smith, and The Office
of the Public Defender
c/o Corrie-Ann L. Mainville, Esq.
Office of the Chief Public Defender
30 Trinity Street, 4th Floor
Hartford, CT 06106
and
Michael K. Courtney, Esq.
Capital Defense & Trial Services Unit
Office of the Chief Public Defender
30 Trinity Street, 4th Floor
Hartford, CT 06106
Commissioner, State of Connecticut,
Department of Correction
c/o Steven R. Strom, Esq.
Assistant Attorney General
110 Sherman Street
Hartford, CT 06105
___________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2007-451FD/paj/8/14/2009