The above-captioned matter was heard as contested case on February 27, 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 during September 2011 the complainant had received copies of all records maintained by the respondents that were within the scope of the complainant’s request.  The respondents agreed to notify the complainant, by letter to be mailed by March 9, 2012, as to whether they now maintain any new records within the scope of the request and to provide such records, if any. Accordingly, the complainant 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:

John DePaolo
43 Hunting Hill Road
Middletown, CT  06457

Director, Department of Public Works,
City of Middletown; and Department of
Public Works, City of Middletown
c/o Timothy P. Lynch, Esq.
City Attorney’s Office
245 DeKoven Drive
P.O. Box 1300
Middletown, CT 06457

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2011-523/FD/cac/5/30/2012