2004-83

Final Decision

At its August 12, 2004 public meeting, the Government Records Council (Council) considered the August 4, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted unanimously to adopt the entirety of said findings and recommendations.  The Council, therefore, dismissed the case on the basis of the Complainant’s voluntary withdrawal of his complaint.

This is the final administrative determination in this matter. Any further review should be pursued in the Appellate Division of the Superior Court of New Jersey within forty-five (45) days. Information about the appeals process can be obtained from the Appellate Division Clerk’s Office, Hughes Justice Complex, and 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006.

Final Decision Rendered by the
Government Records Council
On The 12^th Day of August, 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 Executive Director

Records Requested:

1. School Board Resolution authorizing 20 additional days – new vacation – on January 1, 2004 for Superintendent Walter Quint
2. Identification of Superintendent Special Projects Fund, authorization, projects undertaken and vouchers submitted. 
3. Dates, logs, person involved in (15) days needed for Dr. Quint to consult reconstruction legal. 

Custodian: Karen Albanese
Request Made:   April 16, 2004
Response Made: July 6, 2004
GRC Complaint filed: June 21, 2004

Background

Complainant’s Case Position

The Complainant filed a Denial of Access Complaint with the Government Records Council on June 21, 2004 pursuant to N.J.S.A. 47:1A-1 et. seq. alleging that the Custodian made no attempt to respond to his request. 

The Complainant, however, wishes to withdraw his complaint on the basis that the Board of Education is currently complying with his request. 

Analysis

The Complainant has voluntarily withdrawn his case. As a result, no analysis is needed.

Documents Reviewed

The following records were reviewed in preparation for this Findings and Recommendations of the Executive Director:

1. April 14, 2004 – Complainant’s OPRA request to the Custodian
2. June 21, 2004 – Complainant’s Denial of Access Complaint
3. July 2, 2004 – Council’s Offer of Mediation to the Complainant and Custodian
4. July 6, 2004 – Custodian’s response to the Complainant’s April 14, 2004 OPRA request
5. July 22, 2004 – Complainant’s letter withdrawing the complaint

Conclusions and Recommendations of the Executive Director

The Executive Director respectfully recommends that the Council dismiss the case based on the Complainant’s voluntary withdrawal

Prepared By:
Approved By:
Paul F. Dice
Executive Director
Government Records Council

August 4, 2004

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