The above-captioned matter was heard as contested case on December 17, 2012, at which time the complainant and the respondents appeared and presented testimony on the above captioned complaint.

     At the hearing, the parties all expressed their desire to negotiate a settlement agreement. The complainant, who is an attorney, has brought previous complaints against other towns, seeking similar computer based records that assist him in the defense of his clients. The respondent Chief personally appeared, together with an information technology officer in the respondent Department and their counsel. Following some discussion, the parties were able to agree upon a narrowed records request and a schedule to comply by February 15, 2013. The Commission remained prepared to adjudicate any issues arising from compliance with the settlement agreement that was placed on the record.

     However, by facsimile message dated February 14, 2013, and filed with the Commission on February 15, 2013, the complainant stated that he wished to withdraw the case.

     The following orders by the Commission are hereby recommended on the basis of the record:

     1. Based on the withdrawal of the complaint, the case is hereby dismissed.

     2. The Commission commends the parties on being well prepared for the hearing and agreeing to a settlement without full adjudication.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 28, 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 A. 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/2012-372/FD/cac/3/28/2013