The above-captioned matter was first heard as a contested case on October 18, 2012, at which time the complainant and the Stamford respondents appeared and presented testimony, exhibits and argument on the complaint. The matter was again heard on January 15, 2013, for the purpose of receiving evidence from the State of Connecticut respondents, which were added as parties by the hearing officer.  At such time, the complainant and all respondents appeared and presented testimony, exhibits and argument on the complaint.  

     On March 12, 2013, the hearing officer issued a report of hearing officer, which proposed dismissing the complaint.  However, on March 26, 2013, the complainant filed a withdrawal of the complaint in this matter.

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

     1. The complaint is dismissed.

     2. The Commission notes that processing this complaint involved a great deal of Commission resources, as well as the time and effort of both the municipal and state agency respondents.  The complainant is advised that §1-206(b)(2), G.S., provides, in part, that:

     If the Commission finds that a person has taken an appeal under this subsection frivolously, without reasonable grounds and solely for the purpose of harassing the agency from which the appeal has been taken, after such person has been given an opportunity to be heard at a hearing conducted in accordance with sections 4-176e to 4-184, inclusive, the Commission may, in its discretion, impose against that person a civil penalty of not less than twenty dollars nor more than one thousand dollars.

Approved by Order of the Freedom of Information Commission at its regular meeting of March 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:

David Godbout
15 Cardinal Road
East Lyme, CT  06333

Chief, Police Department, City of
Stamford; Police Department, City
of Stamford;
c/o Burt Rosenberg, Esq.
City of Stamford
Office of Legal Affairs
P.O. Box 10152
Stamford, CT  06904-2152

and

Commissioner, State of Connecticut,
Department of Emergency Services and
Public Protection; and State of Connecticut,
Department of Emergency Services and
Public Protection
c/o Neil Parille, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
110 Sherman Street
Hartford, CT  06106

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-260/FD/cac/3/28/2013