FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION
Daniel Schwartz,  
  Complainant  
  against   Docket #FIC 2010-007
Assistant Director of Compliance/Privacy,
State of Connecticut, University of Connecticut,
Office of Audit, Compliance and Ethics; and
State of Connecticut, University of Connecticut,
Office of Audit, Compliance and Ethics,
 
  Respondents October 27, 2010
       

                                            

The above-captioned matter was consolidated for hearing with Docket # FIC 2010-001, also captioned Daniel Schwartz v. Assistant Director of Compliance/Privacy, State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics. Both cases were heard as contested cases on June 22, 2010, at which time both the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaints.

 

Concerning the above captioned matter, the respondents presented evidence that they had been seeking a determination from the Department of Public Works concerning the applicability of 1-210(b)(19), G.S. On June 16, 2010, Commissioner Curtis had written a twenty-one page single spaced letter to President Hogan of the University of Connecticut detailing the safety risk redactions that should be made prior to disclosure of the program description requested herein by the complainant. The respondents further represented that they would furnish such program description, redacted as specified by the Department of Public Works, to the complainant by July 28, 2010. The complainant stated his wish to withdraw his complaint in this matter following the fulfillment of this representation.

 

On July 28, 2010, the hearing officer accepted as a late filed exhibit a copy of the respondents’ letter dated July 26, 2010 transmitting the redacted program description to the complainant. By email to the Commission dated July 28, 2010, the complainant affirmed his withdrawal.

 

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

 

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

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 27, 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:

 

Daniel Schwartz

156 Highland Road

Mansfield, CT 06250

 

Assistant Director of Compliance/Privacy,

State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics; and

State of Connecticut, University of Connecticut, Office of Audit, Compliance and Ethics

c/o Michael J. Sullivan, Esq.

Assistant Attorney General

State of Connecticut, University of Connecticut

343 Mansfield Road, Unit 2177

Storrs, CT  06269-2177

 

 

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

 

FIC/2010-007/FD/cac/10/29/2010