2003-150

Final Decision on Access

At its April 8, 2004 public meeting, the Government Records Council (“Council”) considered the April 8, 2004 Findings and Recommendations of the Executive Director, the April 8, 2004 Administrative Changes to Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Finding and Recommendations of the Executive Director, as amended. Therefore, the Council dismissed this complaint on the basis that there is prior pending action in the Superior Court of New Jersey.
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 on Access Rendered by the
Government Records Council
On The 8th Day of April, 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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Administrative Changes to Findings and Recommendations of the Executiv

The Findings and Recommendations of the Executive Director in Complaint No. 2003-150 is modified to include the following sentence on page 1, paragraph 1, under “Executive Director’s Findings and Recommendations:”

“The complainant filed the action in Superior Court on October 24, 2003.”

Paul F. Dice
Executive Director
Government Records Council

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Findings and Recommendations of the Executive Director

Relevant Records Requested: Audiotape or CD copies of all meetings of the Borough Council – including executive sessions if or when they become a record available to the public. 
Request Made:    September 13, 2003
Response Made: September 24, 2003
Custodian:   Borough of Mendham
GRC Complaint filed:  November 23, 2003

Executive Director’s Findings and Recommendation

In accordance with the Open Public Records Act (“OPRA”), a complainant was filed on November 23, 2003.  The complainant requested audiotape or cd copies of all meetings of the Borough Council meetings—including executive sessions if or when they become a record available to the public.  The complainant also has a Superior Court case pending wherein he is addressing his OPRA issues.

The Executive Director respectfully recommends that the Council dismiss the case based on the fact that there is prior pending action in the Superior Court of New Jersey.

Analysis

This case is currently pending in a court of competent jurisdiction in the State of New Jersey.  Pursuant 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:

• 11/23/03 – Denial Of Access Complaint
• 1/28/04 – Mediation forms sent to both parties
• 1/28/04 – Statement of Information sent to the custodian
• 1/29/04 – Custodian’s Statement of Information
• 2/9/04 – Complainant responded to the custodian’s Statement of Information
• 3/23/04 – Superior Court Civil Action Complaint

Paul F. Dice
Executive Director
Government Records Council

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