Administrative Case Closure
GRC Complaint No: 2004-115
Complainant: David Herron
Public Agency: Township of Montclair
Case Disposition:
Case settled in mediation November 9, 2004.
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Interim Decision on Access
David Herron,
Complainant
v.
Township of Montclair,
Custodian of Record |
Complaint No. 2004-115 |
At the September 9, 2004 public meeting, the Government Records Council (“Council”) considered the August 26, 2004 Executive Director’s Findings and Recommendations and all related documents submitted by the parties. The Council voted unanimously to adopt the entirety of said findings and recommendations. Therefore, the Council hereby finds that on the basis of the party’s mutual agreement to mediate, the Council and Council’s staff will forego any adjudicatory action pending the outcome of mediation.
Interim Decision Rendered by the
Government Records Council
On The 9th Day of September, 2004
Vincent P. Maltese, Chairman
Government Records Council
I attest the foregoing is a true and accurate record of the Government Records Council.
Virginia Hook, Secretary
Government Records Council
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Findings and Recommendations of the Executive Director
David Herron GRC Complaint No. 2004-115
Complainant
v.
Township of Montclair
Custodian of Records
Records Requested:Status and Verification of Valid Drivers License Number for all Police Officers and Fire Officers.
Request Made: July 28, 2004
Response Made: July 28, 2004
Custodian: Linda Wanat
GRC Complaint filed: August 6, 2004
Background
Complainant’s Case Position
On August 26, 2004, the Complainant signed and returned the Agreement to Mediate to the Government Records Council’s (GRC) staff as an indication of his intention to participate in the mediation process.
Public Agency’s Case Position
The Custodian signed and returned the Agreement to Mediate on August 18, 2004 to the GRC staff as an indication of the agency’s intention to participate in the mediation process.
Analysis
Pursuant to N.J.S.A. 47:1A-7(d), no legal analysis is needed at this time.
Documents Reviewed
The following records were reviewed in preparation for this “Findings and Recommendations of the Executive Director”
- July 28, 2004 – Complainant’s OPRA request to Custodian
- July 28, 2004 – Complainant’s Denial of Access Complaint
- August 18, 2004 – Council’s Offer of Mediation to the Complainant and Custodian
- August 26, 2004 – Complainant’s signed Offer of Mediation
- August 18, 2004 – Custodian’s signed Offer of Mediation
Conclusions and Recommendations of the Executive Director
The Executive Director respectfully recommends that the Council find that the Custodian and the Complainant voluntarily signed Agreements to Mediate on August 18 & 26th, 2004. Based on same, the Executive Director respectfully recommends that the Council and Council’s staff forego any adjudicatory action pending the outcome of mediation.
Prepared By:
Marion M. Davies
Case Manager
Approved By:
Paul F. Dice
Executive Director
Government Records Council
August 26, 2004
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