FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Wanda Smith and Nelson Leon,  
  Complainants  
  against   Docket #FIC 2007-228

Director of Human Resources, State

of Connecticut, Connecticut Lottery Corporation,

 
  Respondent November 17, 2010
       

 

The above-captioned matter was heard as a contested case on August 8, and September 5, 2007, at which times the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  On January 31, 2008, the hearing officer issued a Hearing Officer’s Report which was adopted as a Final Decision at the Commission’s regular meeting of February 13, 2008. 

 

The respondent appealed the Commission’s Final Decision and on November 21, 2008, the Superior Court held a hearing on the merits of the appeal.  By order dated November 25, 2008, the Superior Court remanded the case to the Commission for further findings, but retained jurisdiction over the matter.

 

On January 26, 2009, the hearing officer issued a Second Hearing Officer’s Report consistent with the Superior Court’s order.  That report, however, was withdrawn at the Commission’s regular meeting of February 25, 2009, and an additional hearing was conducted by the hearing officer on May 29, 2009 to allow the parties to present additional evidence and/or argument regarding the reasonableness of the fees at issue in this matter including specifically the respondent’s compliance with the provisions of 1-211(c), G.S.

 

At the conclusion of the May 29, 2009 hearing, the hearing officer issued a Second Report of Hearing Officer on Remand and at the Commission’s regular meeting of January 13, 2010, it was adopted as a Final Decision on Remand. 

 

While the Final Decision on Remand was before the Superior Court for further proceedings on the merits of the appeal, the complainants and the respondent reached terms of an agreement that settled the matter before the Court and moved this Commission for an expedited hearing to

 

Docket #FIC 2007-228                                                                                                           Page 2

 

memorialize that agreement in the administrative record.  The motion was granted and the hearing was held on July 16, 2010.  The parties agreed to the following: 

 

1.      There will be no charge to either complainant for any programming or formatting that may have been involved in compiling the records at issue;

 

2.      The complainants will be provided with reasonable access during the regular/normal business hours of the Lottery Corporation to inspect the records at issue;

 

3.      Charges will be limited to fifty cents per copy requested;

 

4.      Neither party admits fault or any violation of the Freedom of Information Act;

 

5.      The respondent will withdraw her appeal in Superior Court; and

 

6.      The complainants will withdraw their complaint before this Commission.

 

Based upon the above agreement, the complainants informed the Commission that they wished to withdraw their complaint.

 

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.

 

2.      The Commission’s February 13, 2008 and January 13, 2010 Final Decisions in this matter are hereby vacated.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of November 17, 2010.

 

 

__________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

Docket #FIC 2007-228                                                                                                              Page 3

 

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:

 

Wanda Smith

77 Fox Hollow Drive

Windsor Locks, CT  06095

 

Nelson Leon

10 Curry Lane

East Hampton, CT  06424

 

Director of Human Resources, State of Connecticut,

Connecticut Lottery Corporation

c/o Richard L. Street, Esq.

Carmody & Torrance LLP

50 Leavenworth Street

P.O. Box 1110

Waterbury, CT  06721-1110

 

And

 

Sheila A. Huddleston, Esq.

Shipman & Goodwin

One Constitution Plaza

Hartford, CT  06103

 

And

 

Charles A. Howard, Esq.

Shipman & Goodwin, LLP

One Constitution Plaza

Hartford, CT  06103

 

 

____________________________

Cynthia A. Cannata

Acting Clerk of the Commission

 

 

 

 

FIC/2007-228/FD/cac/11/23/2010