The above-captioned matter was consolidated for hearing with Docket #FIC 2015-813, also captioned Nsonsa Kisala v. Jewel Mullen, Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health, and with Docket #FIC 2015-854, Nsonsa Kisala v. Raul Pino, Acting Commissioner, State of Connecticut, Department of Public Health; and State of Connecticut, Department of Public Health.  All three cases were heard as contested cases on March 8, 2016, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the above captioned complaint.

     Following the review of seventeen exhibits and more than two hours of sworn testimony, the complainant and the respondents reached an agreement wherein the respondents agreed in principle to provide records within eight weeks to the complainant, pursuant to a related February 2016 records request.  The Commission agreed to provide a recording of the March 8, 2016 hearing to the complainant and the complainant stated that he wished to withdraw his complaint.

     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 both parties on the high quality of their presentations on the merits of this case and, despite their substantial disputes with each other, for having reached a reasonable settlement without full adjudication.  The Commission hopes that this settlement will establish a foundation for the resolution of other matters pending at the Commission.

Approved by Order of the Freedom of Information Commission at its regular meeting of April 13, 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:

Nsonsa Kisala
170-04 Rosewood Avenue
Waterbury, CT  06706

Jewel Mullen, Commissioner, State of Connecticut,
Department of Public Health; and State of Connecticut,
Department of Public Health
c/o Kerry Anne Colson, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
55 Elm Street
P.O. Box 120
Hartford, CT  06141-0120

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2015-811/FD/cac/4/13/2016