The above-captioned matter was scheduled to be heard as a contested case on March 22, 2012, at which time the complainant and the respondents appeared.  At such time, the parties informed the Commission that they had settled the instant matter in the following manner: first, because the complainant had already received the police report and a related record that he was seeking, albeit not from the respondents, and because the issue concerning the respondents’ obligation to provide access to records concerning ongoing criminal prosecutions is on appeal in Commissioner, State of Connecticut, Department of Public Safety v. Freedom of Information Commission, et al., 2010 Conn. Super. LEXIS 1001 (Conn. Super. Ct. Apr. 21, 2010), appeal docketed, No. 32246 (Conn. App. Ct. May 11, 2010), the parties will consider the request for such records moot; and second, with regard to the request for a particular officer’s certification, the respondents will search their files and, if such record is in their possession, they will provide it to the complainant within 24 hours.

     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’ settlement, 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 special meeting of May 30, 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:

Robert Cushman
705 North Mountain Road
Newington, CT  06111

Chief, Police Department,
Town of East Windsor;
and Police Department,
Town of East Windsor
c/o Joshua A. Hawks-Ladds, Esq.
Pullman & Comley, LLC
90 State House Square
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-638/FD/cac/5/30/2012