The above-captioned matter was heard as contested case on January 23, 2012, at which time the complainant and the respondents appeared and presented testimony and argument on the complaint.

     Based upon the testimony, it was established that the complainant had already obtained a copy of the incident report that he requested. Accordingly, the respondent Police Department provided a certified copy of the incident report to the complainant and he stated that he wished to withdraw his complaint.

     The Commission recommends the following orders on the basis of the record:

     1. Based on the withdrawal of the complaint, the case is hereby dismissed.

     2. The Commission commends the parties on having reached a settlement.

Approved by Order of the Freedom of Information Commission at its special meeting of May 30, 2012.

__________________________
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:

Wade Martell
P.O. Box 301
Hadlyme, CT  06439

Chief, Police Department, City of
Middletown; and Police Department,
City of Middletown
c/o Timothy P. Lynch, Esq.
Acting City Attorney
245 DeKoven Drive
P.O. Box 1300
Middletown, CT  06457

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-487/FD/cac/5/30/2012