FREEDOM OF INFORMATION COMMISSION
|In the Matter of a Complaint by||FINAL DECISION|
|Tracy A. Marlow,|
|against||Docket #FIC 1998-110|
|Ermina Bianco, Director,
New Canaan Police Department, Town of
New Canaan; and Records Division,New
Canaan Police Department, Town of New Canaan,
|Respondents||November 18, 1998|
The above-captioned matter was scheduled to be heard as a contested case on June 5 and September 10, 1998, at which times the complainant and the respondents appeared and presented testimony and argument on the complaint.
As a result of the testimony at the June 5, 1998 hearing, the respondents on June 12, 1998 provided the complainant with at least two records that were not provided in April 1998, but that were within the terms of the complainants April 17, 1998 verbal request, to wit: a) the second application for an arrest warrant for the complainant; b) the affidavit with the second application for an arrest warrant.
At an informal conference during the September 10, 1998 hearing, the complainant and the respondents discussed the terms of a potential agreement in resolution of this contested case. By letter dated October 1, 1998 and filed on October 6, 1998, the complainant informed the Commission that he wished to withdraw his complaint.
The Commission warmly commends both the complainant and the respondents for the considerable effort and mutual patience that were required in order to negotiate successfully 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 special meeting of November 18, 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:
Tracy Arthur Marlow 600 Hollow Tree Ridge Road Darien, CT 06820-2420
Ermina Bianco, Director, Records Division, New Canaan Police Department, Town of New Canaan; and Records Division, New Canaan Police Department, Town of New Canaan c/o Atty. Elizabeth A.B. Suchy Tierney, Zullo, Flaherty & Murphy, PC 134 East Avenue, PO Box 2028 Norwalk, CT 06582
__________________________ Melanie R. Balfour Acting Clerk of the Commission