FREEDOM OF INFORMATION COMMISSION
|In the Matter of a Complaint by||FINAL DECISION|
|Tracy Arthur Marlow,|
|against||Docket #FIC 1998-181|
|Records Division, New
Police Department, Town of
New Canaan; and 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 September 10, 1998, at which time the complainant and the respondents appeared, and presented testimony and argument on the complaint.
At an informal conference during the September 10, 1998 hearing, the complainant and the respondent reached the terms of an agreement in resolution of this contested case. The parties agreed that, if the Chief of the respondent department provided an affidavit concerning the posting of a June 8, 1998 letter to the complainant, the complainant would withdraw his appeal.
On September 16, 1998, the respondents filed the affidavit pursuant to the settlement agreement. On September 29, 1998, the respondents also withdrew their motion to dismiss and motion for sanctions dated September 10, 1998. Accordingly, the terms of the complainants September 22, 1998 withdrawal have been fulfilled and the withdrawal is effective.
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 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
Records Division, New Canaan Police Department, Town of New Canaan; and 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