The above-captioned matter was heard as a contested case on July 10, 2012, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

     At the conclusion of the contested case hearing, the parties requested permission to file post-hearing briefs.  The request was granted and the deadline for filing briefs was set for July 31, 2012.  In addition, the respondents were ordered to submit the records at issue to the Commission by August 17, 2012 for an in camera inspection. 

     By way of a joint motion filed July 31, 2012, the parties requested that the deadline for filing post-hearing briefs be extended to August 6, 2012.  In addition, the parties informed the hearing officer that they were continuing to work towards a settlement that would resolve all of the matters in the case.  The parties’ request was granted.

     By letter dated and filed August 8, 2012, the complainant informed the hearing officer that the parties had reached a settlement in this case, which was not fully executed, and requested that the Commission suspend the deadlines for the filing of post-hearing briefs, and the submission of in camera records, so that the parties could finalize their agreement.  This request was granted, and the parties were ordered to update the hearing officer on the status of this case, in writing, by August 16, 2012.

     The complainant formally withdrew his complaint on August 17, 2012.

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

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

     2.  The Commission commends the parties on having worked so diligently on the resolution of this case as well as on their courteous communications to the hearing officer regarding the same.

Approved by Order of the Freedom of Information Commission at its regular meeting of September 12, 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:

Gary F. Sheldon, Esq.
McElroy, Deutsch, Mulvaney & Carpenter, LLP
1 State Street
14th Floor
Hartford, CT  06103

Commissioner, State of Connecticut,
Office of Policy and Management; and
State of Connecticut, Office of Policy
and Management
c/o Ann H. Rubin, Esq.
Carmody & Torrance LLP
50 Leavenworth Street
P.O. Box 1110
Waterbury, CT  06721-1110

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-031/FD/cac/9/12/2012