9740163, Johnson v. Dept of Correction, Order Regarding Motion for Stay

9740163, Johnson v. Dept of Correction, Order Regarding Motion for Stay

CHRO No. 9740163

Commission on Human Rights and Opportunities, ex rel. :  Mary L. Johnson, Complainant
State of Connecticut, Department of Correction,  Respondent
August 20, 1999


In reference to the document entitled "Commission on Human Rights & Opportunities’ Motion For Stay" dated August 18, 1999 (the "Motion for Stay") and filed by the Executive Director of the Commission, Cynthia Watts Elder, the following orders are entered in connection with the above-captioned matter:

  1. Pursuant to the Regulations of Connecticut State Agencies § 46a-54-92 and § 46a-55 of the General Statutes, the Executive Director of the Commission does not have authority to file the instant Motion For Stay as the Commission must be, and in fact is, represented by the Commission Counsel.
  2. Even if the Motion For Stay had been properly filed by the Commission Counsel, it would be denied by the undersigned for the following reasons:
    1. The Public Hearing is scheduled to take place in less than two months. To delay the matter until a declaratory ruling is issued or declined to be issued by the Commission could take optimistically 5-6 months, assuming the ruling is not appealed to the superior court, which would substantially delay this matter even longer. We have a duty to the public to address these matters in a more expedient fashion than the court system.
    2. While a declaratory ruling from the Commission may have some persuasive authority, it is no more binding than a final decision in another contested case before the Commission and therefore does not require an immediate halt to all proceedings which may be related to its subject matter. See §§ 4-166 and 4-176(h) of the General Statutes.

Therefore, it is hereby ordered that all previously scheduled dates in this matter shall remain as scheduled, to wit:

Parties to meet re: witness and exhibit lists September 10, 1999
Stipulations due re: witness and exhibit lists September 15, 1999
Objections to witnesses/exhibits September 30, 1999
Public Hearing October 18-22, 1999

It is so ordered, this 20th day of August, 1999.


Hon. Lisa B. Giliberto
Presiding Human Rights Referee

C:  Barbara G. Hager, Esq.
Joan Parker, Assistant Commission Counsel II
Loida John-Nicholson, Assistant Attorney General
Raymond P. Pech, Deputy Commission Counsel
Cynthia Watts Elder, Executive Director