FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

                                               

The above-captioned matter was scheduled for hearing as a contested case on March 16, 2011, at which time both the complainant and the respondents appeared and presented testimony and argument on the complaint.

 

The respondents testified concerning their production of requested records including emails for the town account: atierney@hebronct.com; and the personal account: hebronroadboss@sbcglobal.net. Because these town and personal email accounts had on occasion been intermingled, the complainant received, between August 23, 2010 and December 22, 2010, voluminous records from the town account and approximately 200 emails from the personal account. At the hearing, the complainant affirmed that she did not wish to proceed with her earlier request for text messages, which are not maintained by the Town respondent and would be available, if at all, only through a subpoena served on Verizon.

 

The hearing included argument concerning law applicable to emails that do not relate to the conduct of the public’s business. Following a period for off the record deliberation, and based upon the testimony at the hearing, the complainant stated that she wished to withdraw her complaint in the above captioned matter.

 

The Commission takes administrative notice of the complainant’s withdrawal and recommends the following orders on the basis of the record:

 

1.      Based on the withdrawal of the complaint, the case is hereby dismissed.

 

2.  The Commission warmly commends both parties for achieving a disposition of this matter without full adjudication.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 13, 2011.

 

 

____________________________

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:

 

Angela Sarahina

P.O. Box 70

Middle Haddam, CT 06456

 

Town Manager, Town of Hebron;

and Town of Hebron

C/o Matthew K. Curtin, Esq.

Siegel, O’Connor, O’Donnell & Beck, P.C.

150 Trumbull Street

Hartford, CT 06103

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2010-625FD/sw/7/15/2011