Final Decision
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Richard Stormes,
Complainant
v.
Sussex Borough Planning Board
Custodian of Record
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Complaint No. 2003-104
Decision Issued: February 18, 2004
Decision Effective: February 28, 2004
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At its February 10, 2004 public meeting, the Government Records Council (“Council”) considered the February 10, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Findings and Recommendations. Therefore, the Council dismissed the complaint on the basis of the staff’s inability to communicate or confirm the details of this case with Mr. Stormes.
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
Richard Stormes GRC Complaint Number 2003-104
Complainant
v.
Sussex Borough Planning Board
Custodian of Records
Relevant Records Requested: Copies of the September, October, November, December 2, 2003 and February 13, 2004 planning board meeting minutes.
Custodian: Mary Palumbo
GRC Complaint filed: February 14, 2003
Acting Executive Director’s Findings and Recommendation
The Government Records Council Staff (“Staff”) sent an offer of mediation to the requestor via Certified Mail through the U.S. Postal Service on January 20, 2004. The Post Office returned the offer as “Not Deliverable As Addressed – Unable To Forward.”
The Staff re-sent the above offer of mediation to the requestor again on January 21, 2004 via UPS. UPS returned the document to the Staff with “Reason for Return: Receiver Moved, Not Delivered” written on the envelope.
The Staff sent a follow-up letter to the requestor via UPS on January 27, 2004 explaining that attempts to contact him had failed. Again, UPS returned the document with “Reason for Return: Receiver Moved, Not Delivered” written on the envelope.
Based on the Staff’s inability to communicate or confirm the details of this case with Mr. Stormes, the Acting Executive Director respectfully recommends that Council dismiss this complaint.
Legal Analysis
No legal analysis is required in this complaint.
Paul F. Dice, Acting Executive Director
Government Records Council
February 10, 2004
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