Final Decision
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Karen Waldron
Complainant
v.
Borough of Pennington
Custodian of Record
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Complaint No. 2003-148
Decision Issued: March 11, 2004
Decision Effective: 14 business days
from date of receipt unless otherwise
provided by Council
Date Prepared: March 26, 2004
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At its March 11, 2004 public meeting, the Government Records Council (“Council”) considered the March 11, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties.
The Council voted unanimously to adopt said Findings and Recommendations with changes and amended the Recommendations to read:
The Council dismisses the complaint based on the fact that there is prior pending action regarding the same documents in the Superior Court of New Jersey
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
Karen Waldron GRC Complaint No. 2003-148
Complainant
v.
Borough of Pennington
Custodian of Records
Relevant Records Requested: Public and Executive Session minutes as well as lawsuit documents relating to Jeff Wittkop
Custodian: Irene Billings
Request Made: July 29, 2003, September 9, 2003
GRC Complaint filed: November 5, 2003
Findings and Recommendations of Executive Director
In accordance with the Open Public Records Act (“OPRA”), a complaint was filed on November 5, 2003. The complainant requested a series of public and executive session minutes, as well as lawsuit settlement documents relating to Jeff Wittkop. The Requestor also has a Superior Court case pending wherein she is requesting the same documents.
The Executive Director respectfully recommends that the Council dismiss the case based on the fact that there is pending action regarding the same documents in the Superior Court of New Jersey.
Legal Analysis
This case is currently pending in a court of competent jurisdiction in the State of New Jersey. As such, the Government Records Council lacks jurisdiction to adjudicate this case. Pursuant to N.J.S.A. 47:1A-6, a requestor who is denied access may, at their option, bring the institute an action the Superior Court of New Jersey OR file with the Government Records Council. The language of the statute is clear that the requestor may choose one OR the other. It is recommended that the GRC case be dismissed.
Documents Reviewed
The following documents were reviewed in preparing the Findings and Recommendations for this case:
- July 31, 2003 - Superior Court Civil Action Complaint
- March 1, 2004 - Letter from Custodian’s Counsel to the GRC detailing the Superior Court case
________________________
Paul F. Dice
Executive Director
Government Records Council
March 8, 2004
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