FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Robin Elliott,

 
  Complainant  
  against   Docket #FIC 2008-706

Jeffrey McGill, Warden,

State of Connecticut,

Department of Correction,

Northern Correctional Institution;

and State of Connecticut,

Department of Correction,

 
  Respondents

October 14, 2009

       

 

The above-captioned matter was heard as a contested case on May 21, 2009, at which time the complainant and the respondents appeared and presented limited testimony, exhibits and argument on the complaint (the “May 21 hearing”).  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.).  This matter was consolidated for hearing with Docket #FIC 2008-626, Robin Elliott v. Theresa Lantz, Commissioner, State of Connecticut, Department of Correction; and State of Connecticut, Department of Correction; Docket #FIC 2008-733, Robin Elliott v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; Shayne Wilson, Disciplinary Report Coordinator, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction; and Docket #FIC 2008-806, Robin Elliott v. Warden, State of Connecticut, Department of Correction, Northern Correctional Institution; and State of Connecticut, Department of Correction.

 

A Report of Hearing Officer was issued on June 9, 2009, in the above-captioned matter.  The Commission considered such report at its special meeting on July 1, 2009.  At such meeting, the respondents requested that the Commission reopen the hearing to permit them to offer additional evidence into the record in support of their claimed exemptions to the disclosure of the records at issue.  A hearing on remand was conducted on September 17, 2009, at which time the complainant and the respondents appeared, and presented testimony and argument on the complaint (the “September 17 hearing”).

By letter dated September 25, 2009, the complainant informed the Commission that he wished to withdraw the complaint in the above-captioned matter.  The Commission takes administrative notice of such letter.

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  Based upon the withdrawal of the complaint, the complaint is hereby dismissed.

 

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 14, 2009.

 

 

____________________________

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:

 

Robin Elliott #24941  

Northern C I

287 Bilton Road

P.O. Box 665

Somers, CT 06071

 

Jeffrey McGill, Warden,

State of Connecticut,

Department of Correction,

Northern Correctional Institution;

and State of Connecticut,

Department of Correction

C/o Sandra A. Sharr, Esq.

State of Connecticut

Department of Correction

24 Wolcott Hill Road

Wethersfield, CT 06109

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-706FD/sw/10/15/2009