The above-captioned matter was heard as a contested case on February 21, 2012, at which time the respondents appeared and presented testimony and argument on the complaint. The complainant failed to appear, and the hearing officer recommended that the case be dismissed for failure to prosecute.

     At the request of the complainant, who represented to the Commission at its June 27, 2012 meeting that he had not received notice of the February 21 hearing until after the hearing, the matter was re-opened to give him a second opportunity to be heard.

     The matter was then scheduled to be heard on July 23, 2012, at which time the respondents appeared, but the complainant again failed to appear. The notice of that hearing was mailed on July 13, 2012, and Commission staff attempted to leave a telephone message for the complainant all that morning, but his phone was busy. United States Postal Service records show that delivery was attempted on July 15, 2012, but that the complainant did not pick up the mail item until July 26, 2012, well after the hearing date. As a courtesy, the hearing officer attempted to call the complainant on the morning of the hearing, two hours before the time of the hearing, but the phone did not answer.

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

     1.  The complaint is dismissed for failure to prosecute. 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 12, 2012.

__________________________
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:

James Quattro
17 Laurel Street
East Hartford, CT  06108

Town Clerk, Town of East Hartford; and
Town of East Hartford
c/o Frank Cassetta, Esq.
Assistant Corporation Counsel
740 Main Street
East Hartford, CT  06108

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-524/FD/cac/9/12/2012