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Final Decision FIC2011-380
In the Matter of a Complaint by
FINAL DECISION
Salvatore Gabriele,
     Complainant
     against
Docket #FIC 2011-380
Michael Larobina, Director of Legal
Affairs, City of Stamford; and
City of Stamford,
     Respondents
May 9, 2012

The above-captioned matter was scheduled to be heard as a contested case on April 20, 2012.  Prior to the commencement of the contested hearing, the parties jointly filed a document entitled Stipulation Admitting Violations of the Freedom of Information Act in Docket #FIC 2011-380 (the “Stipulation”).  The Stipulation stated the following:
     1. On July 19, 2011, Salvatore Gabriele (“complainant”) filed a complaint with the Freedom of Information Commission based upon his request dated June 17, 2011 for access to records provided by the City of Stamford to the investigation firm, Kroll Inc.  Kroll Inc. was retained by the Stamford Board of Finance to investigate the unauthorized transfer of scrap or surplus metals.  The complainant made his request to the Office of Legal Affairs, City of Stamford.

     2. The complainant has, as of today’s date, received access to all of the requested records.
     3. The respondents initially maintained that Kroll Inc. was acting as a law enforcement agency, and that during the investigation by Kroll Inc., the requested records were exempt from mandatory disclosure pursuant to Conn. Gen. Stat. Sec. 1-210(b)(3).

     4. However, in order to resolve Docket #FIC 2011-380, the respondent City of Stamford admits that the requested records maintained by the City of Stamford were not exempt from mandatory disclosure pursuant to Conn. Gen. Stat. Sec. 1-210(b)(3).

     5. The respondent City of Stamford also admits that the disclosure of requested records maintained by the City of Stamford was not prompt and was in violation of Conn. Gen. Stat. Sec. 1-210(a).

     6. The complainant and the respondent City of Stamford respectfully and jointly request, pursuant to Regulation 1-21j-39, that: a) the April 20, 2012 hearing be cancelled; and b) the Commission accept this stipulation as the basis for resolving this case.  The complainant and the respondent City of Stamford represent that these matters are uncontested. 
Upon determining that the matters in this case were uncontested, the hearing officer accepted the Stipulation in full resolution of the complaint and cancelled the contested case hearing.
Based on the foregoing, no further order is deemed necessary.

Approved by Order of the Freedom of Information Commission at its regular meeting of May 9, 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:
Salvatore Gabriele
c/o Joseph P. Sargent, Esq.
1129 Post Road, 2nd Floor
Fairfield, CT  06824
Michael Larobina, Director of Legal
Affairs, City of Stamford; and
City of Stamford
c/o James M. Sconzo, Esq.
Jorden Burt LLP
175 Powder Forest Drive
Suite 301
Simsbury, CT  06089
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2011-380/FD/cac/5/9/2012