The above-captioned matter was heard as a contested case on October 4, 2012 at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. 

     A hearing officer’s report, dated November 28, 2012, was issued on December 7, 2012 which recommended that the complaint be dismissed because the complainant’s refusal to provide the information to facilitate compliance with his own request was unreasonable and served only to obfuscate compliance. 

     However, by letter dated December 17, 2012, the complainant withdrew his complaint. The Commission takes administrative notice of such letter.

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

     1.  Based on the complainant’s letter of withdrawal, the complaint is hereby dismissed with prejudice. 

     Approved by Order of the Freedom of Information Commission at its regular meeting of January 9, 2013.

__________________________
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 Milne
3 Osage Road
West Hartford, CT  06117

Chief, Police Department, Town of
West Hartford; and Police Department,
Town of West Hartford
c/o Patrick G. Alair, Esq.
Office of the Corporation Counsel
50 South Main Street
West Hartford, CT  06107

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-217/FD/cac/1/9/2013