The above-captioned matter was scheduled to be heard as a contested case on June 5, 2015.  The complainant, who is incarcerated, appeared via teleconference, pursuant to the January 2004 memorandum of understanding between the Commission and the Department of Correction.  See Docket No. CV 03-0826293, Anthony Sinchak v. FOIC et al, Superior Court, J.D. of Hartford at Hartford, Corrected Order dated January 27, 2004 (Sheldon, J.).   

     The respondents appeared, represented by counsel.  Two witnesses for the respondents were present and ready to proceed.

     At the outset of the hearing, the complainant informed the hearing officer that he was ready to proceed.  After the hearing was opened, but before any evidence was entered into the record, the complainant then refused to go forward with his complaint.  The complainant demanded that the hearing officer recuse herself, claiming bias because she granted a continuance in an unrelated matter brought by the complainant.  When the hearing officer declined to recuse herself, the complainant then demanded a continuance in this matter, which the hearing officer denied.  The hearing officer warned the complainant more than once that his refusal to proceed with the evidentiary hearing would result in dismissal of the complaint.  Nevertheless, the complainant continued to demand a continuance and refused to proceed with the hearing. 

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

Approved by Order of the Freedom of Information Commission at its regular meeting of September 9, 2015.

__________________________
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:

Umar Shahid # 103589
Carl Robinson Correctional Institution
285 Shaker Road
Enfield, CT  06082

Chief, Police Department, City of Norwich; Police Department,
City of Norwich; and City of Norwich
c/o Kimberly Carlson McGee, Esq.
Brown Jacobson PC
P.O. Box 391
Norwich, CT  06360

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2014-880/FD/cac/9/9/2015