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Final Decision FIC2011-472
In the Matter of a Complaint by
FINAL DECISION
Joseph Sargent,
     Complainant
     against
Docket #FIC 2011-472
Michael Larobina, Director,  
Office of Legal Affairs,
City of Stamford; and Office
of Legal Affairs of City of Stamford,
     Respondents
May 9, 2012

The above-captioned matter was scheduled to be heard as a contested case on April 20, 2012.  For purposes of hearing, the above-captioned matter was consolidated with Docket #FIC 2011-474; Joseph Sargent v. Director of Legal Affairs, City of Stamford; and City of Stamford; and Docket #FIC 2011-475; Joseph Sargent v. Michael Larobina, Director, Office of Legal Affairs, City of Stamford, and Office of Legal Affairs, City of Stamford.
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 Dockets #FIC 2011-472, 2011-474 and 2011-475 (the “Stipulation”).  The Stipulation stated the following:
     1. Joseph Sargent (“complainant”) filed three complaints with the Freedom of Information Commission (“FOIC”) based upon requests for access to records made to the Office of Legal Affairs, City of Stamford.  The complaints were docketed by the FOIC as Docket #FIC 2011-472; Joseph Sargent v. Michael Larobina, Director, Office of Legal Affairs, City of Stamford; and Office of Legal Affairs, City of Stamford, Docket #FIC 2011-474; Joseph Sargent v. Director of Legal Affairs, City  of Stamford; and City of Stamford, and Docket #FIC 2011-475; Joseph Sargent v. Michael Larobina, Director, Office of Legal Affairs, City of Stamford; and Office of Legal Affairs, City of Stamford.

     2. The complainant has, as of today’s date, received access to substantially all of the requested records in each of the cases.

     3. However, in order to resolve Docket #FIC 2011-472 and Docket #FIC 2011-475, the respondent Office of Legal Affairs, City of Stamford, and in Docket #FIC 2011-474, the respondent City of Stamford (the “City of Stamford respondents”), admit 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).

     4. The City of Stamford agrees to remit to the FOIC within thirty days a separate civil penalty of One Hundred Dollars ($100) in each of the three contested cases ($300 in total).

     5. The complainant and the City of Stamford respondents respectfully and jointly request, pursuant to Regulation 1-21j-39, that: a) the April 20, 2012 hearings be cancelled; and b) the Commission accept this stipulation as the basis for resolving these cases.  The complainant and the City of Stamford respondents 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:
Joseph Sargent
1595 Blackrock Turnpike
Fairfield, CT  06824
Michael Larobina, Director,  
Office of Legal Affairs,
City of Stamford; and Office
of Legal Affairs of 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/2011-472/FD/cac/5/9/2012