The above-captioned matter was originally docketed with the caption: David Jacobs v. Key Human Services, Inc.; Commissioner, State of Connecticut, Department of Developmental Services; and State of Connecticut, Department of Developmental Services.  By motion dated January 7, 2013, the Commissioner and the Department respondents moved that the matter be dismissed as to them on the grounds that they were not named as respondents in the complaint and that the records request was not made to a public agency as required by §1-218, G.S. On January 15, 2013, the hearing officer granted the motion to dismiss as to the Commissioner and the Department respondents. The caption of the case above has been accordingly revised. 

     The matter was heard as a contested case on February 19, 2012, at which time the complainant and the respondent appeared and presented testimony on the above captioned complaint. The sworn testimony was that the contract between the respondent Key Human Services, Inc. and the Department of Developmental Services for the relevant two year period included a payment of $24,000,000 (twenty four million dollars) to the respondent. There was also a representation by respondent’s counsel, in response to direct inquiry, that the contract at issue included the Freedom of Information Act language required by §1-218, G.S.

     The hearing officer reviewed the development of the common law concerning “the functional equivalent of a public agency”, including especially the limitations established in Domestic Violence Services of Greater New Haven, Inc. v. Freedom of Information Commission et al, 47 Conn. App. 466 (1998). The hearing officer also reviewed the subsequent response by the General Assembly in P.A. 01-169. Based upon this discussion, the complainant stated that he wished to withdraw this case.

     The hearing officer suggested to the complainant that, if he wished to file a new case pursuant to §1-218, G.S., that he should make his records request to the Department of Developmental Services; that his complaint should name the Department of Developmental Services as the party that failed to provide him with public records; and that he should ask the Freedom of Information Commission for an expedited hearing.

     The following order by the Commission is hereby recommended on the basis of the record:

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

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 Jacobs
55 Swift Street
Branford, CT  06405

Key Human Services, Inc
c/o Edward B. Spinella, Esq.
Reid and Riege, P.C.
One Financial Plaza
Hartford, CT  06103

Emily V. Melendez, Esq.
Assistant Attorney General
State of Connecticut,
Office of the Attorney General
55 Elm Street
P.O. Box 120
Hartford, CT  06141-0120

Cc: John M. Horak, Esq.
Reid & Riege, P.C.
One Financial Plaza
Hartford, CT  06103

____________________________
Cynthia A. Cannata
Acting Clerk of the Commission

FIC/2012-422/FD/cac/3/28/2013