The above-captioned matter was heard as a contested case on December 14, 2015 at which time the respondents appeared and presented testimony, exhibits and argument on the complaint, including a request for the imposition of the maximum civil penalty against the complainants.  The complainants failed to appear.

     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 with prejudice for failure to prosecute.

     2. The Commission in its discretion declines to consider the imposition of a civil penalty against the complainants in this case, there having been no previous notice to the complainants that such a penalty was at issue.

Approved by Order of the Freedom of Information Commission at its regular meeting of February 24, 2016.

__________________________
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:

Cynthia Kleist and Derf Kleist
251 Lancaster Way
Cheshire, CT  06110

FOI Administrator, Town of Cheshire,
and Town of Cheshire
c/o Joseph B. Schwartz, Esq.
Murtha Cullina, LLP
CityPlace 1
185 Asylum Street
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2015-635/FD/cac/2/24/2016