The above-captioned matter was scheduled to be heard as a contested case on December 14, 2012, at 11:00 a.m., at which time the respondents, with several witnesses, appeared prepared to stipulate to certain facts and presented testimony, exhibits and argument on the complaint.  However, the complainant did not appear.  For purpose of hearing, this matter was consolidated with Docket#FIC2012-357, David Godbout v. Commissioner, State of Connecticut, Department of Emergency Services and Public Protection; and State of Connecticut, Department of Emergency Services and Public Protection.

     The administrative record in this matter shows the following:

          1.  That the complainant was informed, by letter dated August 9, 2012, that his complaint would not be docketed because he had failed to file his complaint within 30 days of the alleged violated as required by §1-206(b)(1), G.S.;
          2.  That the complainant objected to the Commission’s action in a verbally abusive and offensive e-mail dated August 11, 2012 and moved that the “exparte administrative dismissal” be vacated;
          3.  That the Commission granted the motion and docketed the complaint.
          4.  That “Notice of the Hearing and Order to Show Cause” was mailed to all parties by certified mail;
          5.  That the “Notice of the Hearing and Order to Show Cause was delivered to the complainant’s address on November 20, 2012;
          6.  That there is no record of a request for a postponement or continuance; and
          7.  That there is no record of a call or other correspondence indicating that the complainant could not appear for the hearing.

     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, with prejudice, for failure to prosecute.

Approved by Order of the Freedom of Information Commission at its special meeting of February 21, 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:

David Godbout
15 Cardinal Road
East Lyme, CT  06333

Commissioner, State of Connecticut,
Department of Emergency Services
and Public Protection; and State of
Connecticut, Department of Emergency
Services and Public Protection
c/o Terrence M. O’Neill, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06105

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-339/FD/cac/2/21/2013