2003-133

Final Decision

At its July 8, 2004 public meeting, the Government Records Council (Council) considered the June 29, 2004 Supplemental 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 that the parties have reached a settlement in the case during mediation.

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, 25 W. Market St., PO Box 006, Trenton, NJ 08625-0006.

Final Decision Rendered by the
Government Records Council
On The 8th Day of July, 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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Supplemental Findings and Recommendations of the Executive Director

Relevant Records Requested: (1) Copy of minutes regarding funding and personnel for the police department from 7/1/01-10/1/01 and 3/1/01-7/1/01 pertaining to stipend proposal backup. (2) A copy of the ordinance or resolution on Information Technology Resolution and bid specifications for the same, which was passed on 8/13/03. (3) Last employee action from the police department during July 2003. (specifically 7/5/2003 – 7/12/2003)
Request Made:    August 18, 2003
Response Made: August 22, 2003
Custodian:   Heather A. Mailander
GRC Complaint filed:  October 7, 2003

Recommendations of the Executive Director

The Executive Director respectfully recommends that the council dismiss the case because the parties reached a settlement in the case during mediation.

Background

The Council heard this case at its March 30, 2004 meeting. The Council agreed to forego adjudicatory action pending the outcome of mediation. The parties have reached a settlement in the case.

Analysis

The Complainant and Custodian have signed Mediation Settlement Agreements on May 1 and May 5, 2004, therefore no analysis is needed during mediation.

Documents Reviewed

The following documents were reviewed in preparing the Findings and Recommendations for this case:

1. May 1, 2004 – Complainant’s Mediation Settlement Agreement
2. May 5, 2004 – Custodian’s Mediation Settlement Agreement

Conclusion

The Council should dismiss the case because the parties have voluntarily signed Mediation Settlement Agreements.

Paul F. Dice
Executive Director
Government Records Council

June 14, 2004

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Interim Decision

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Findings and Recommendations of the Executive Director

Relevant Records Requested: (1) Copy of minutes regarding funding and personnel for the police department from 7/1/01-10/1/01 and 3/1/01-7/1/01 pertaining to stipend proposal backup. (2) A copy of the ordinance or resolution on Information Technology Resolution and bid specifications for the same, which was passed on 8/13/03. (3) Last employee action from the police department during July 2003. (specifically 7/5/2003 – 7/12/2003)
Request Made:    August 18, 2003
Response Made: August 22, 2003
Custodian:   Heather A. Mailander
GRC Complaint filed:  October 7, 2003

Executive Director’s Findings and Recommendation

The requestor and the custodian voluntarily signed Agreements to Mediate on March 8, 2004 and March 9, 2004. Based on same, the Executive Director respectfully recommends that the Council and GRC staff forego any adjudicatory action pending the outcome of mediation.

Analysis

Pursuant to N.J.S.A. 47: 1A-7(d); no legal analysis is needed.

Paul F. Dice
Executive Director
Government Records Council

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