FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was initially heard as a contested case on April 1, 2010, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. 

 

Counsel for the respondents represented for the record that he believed that Mr. Paul Sponheimer, whose records are the subject of the instant complaint, had notice of the April 1, 2010 hearing.  Mr. Sponheimer did not appear for the April 1, 2010 hearing and counsel for the respondents had not spoken with Mr. Sponheimer about the April 1, 2010 hearing.

 

By Order dated April 1, 2010, the hearing officer issued an initial order for the counsel for the respondents to inform Mr. Sponheimer of the following:  the hearing officer assigned to this matter will make a recommendation to the Freedom of Information Commission (the “Commission”) on whether or not the personnel file requested in this matter should be disclosed.  If Mr. Sponheimer wishes to be heard on this matter prior to the hearing officer’s recommendation to the Commission, he must inform the hearing officer, in writing, by Friday, April 16, 2010 of such desire.  Upon receipt of such notice, the Commission will schedule this matter for a continued hearing. 

On April 7, 2010, the Commission received the respondents’ counsel’s certification that he had copied Mr. Sponheimer of the hearing officer’s initial order.  On April 12, 2010, Mr. Sponheimer, through counsel, informed the Commission that he wished to be heard on the disclosure issue.  At that time, the April 1, 2010 contested hearing was continued to May 21, 2010.

 

On May 21, 2010, the complainants, the respondents and Mr. Sponheimer, with his counsel, appeared for the continued hearing.  At such time, the parties and Mr. Sponheimer’s counsel informed the Commission that they had reached an agreement, settling the complaint.  Specifically, the respondents informed the Commission that they would be providing the complainants with Mr. Sponheimer’s disciplinary records.  The complainants indicated that this would resolve their complaint.  Mr. Sponheimer had no objection to this settlement. 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1.      Based on the parties’ agreement, the case is hereby dismissed.

2.  The Commission commends the parties on having reached a non-litigated settlement in this matter. 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 23, 2010.

 

 

 

____________________________

Cynthia A. Cannata

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:

 

Lauren Garrison and the

New Haven Register

40 Sargent Drive

New Haven, CT  06511

 

Superintendent of Schools, Seymour Public Schools; and

Seymour Public Schools

c/o Frederick L. Dorsey

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

150 Trumbull Street

Hartford, CT  06103

 

Paul Sponheimer

c/o John P. Sponheimer, Esq.

277 Wakelee Avenue

P.O. Box 151

Ansonia, CT  06401

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

FIC/2009-750/FD/cac/6/28/2010