The above-captioned matter was scheduled to be heard as a contested case at 9:30 a.m. on February 21, 2014, at which time the respondents appeared with two witnesses and counsel, but the complainant failed to appear. The complainant had provided a mailing address in Clearwater, Florida, but had not communicated with the Commission regarding his intention to appear or not to appear. The hearing officer telephoned the complainant at 9:35 a.m. on the morning of the hearing in order to ascertain his intentions, and left a message on the complainant’s voicemail. The hearing officer then waited until 9:52 before opening the hearing without the presence of the complainant. Later in the morning, following the hearing, the complainant telephoned the hearing officer to say that he had misplaced the notice of hearing, did not intend to attend the hearing, and had recently received documents from the respondents. The complainant later forwarded, by email, documents that appear to have been provided to him by the respondents, and which have been marked for identification in the file for this matter. The complainant requested that the proposed decision reflect that the respondents had provided documents in response to his request only at the eleventh hour; however, no record of testimony or other evidence was produced at the hearing to support such a finding. Therefore, no factual findings are made in this report concerning what records were provided to the complainant or when they were provided.

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

     1.  The complaint is dismissed for failure to prosecute.

Approved by Order of the Freedom of Information Commission at its regular meeting of May 14, 2014.

__________________________
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:

Ken Kramer
1604 Gentry Street
Clearwater, FL  33755

Commissioner, State of Connecticut, Department of Social
Services; and State of Connecticut, Department of
Social Services
c/o Patrick B. Kwanashie, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
55 Elm Street
Hartford, CT  06106

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-517/FD/cac/5/14/2014