The above-captioned matter was scheduled to be heard as a contested case on July 9, 2013, at 9:30 A.M., at which time the respondents and their counsel appeared, but the complainant did not appear to prosecute the case.  The hearing officer notes that counsel for the respondents appeared with a witness who was prepared to testify at the contested case hearing.  Counsel represented that she had spent considerable time preparing for the contested case hearing.  In addition, counsel presented exhibits, including an affidavit, which evidence that the respondents have fully complied with the complainant’s request for records in this case. 

     Moreover, subsequent to the contested case hearing, the complainant withdrew his complaint.

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

     1. The complaint is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 28, 2013.

__________________________
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:

Richard J. Clow, Jr.
542 Troy Road SW
Palm Bay, Florida  32908

First Selectman, Town of Enfield;
and Town of Enfield
c/o Maria N. Elsden, Esq.
Enfield Town Attorney
820 Enfield Street
Enfield, CT  06082

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2013-063/FD/cac/8/28//2013