Final Decision
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Richard Linderman, Esq.
Complainant
v.
Department of Community Development
Custodian of Record
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Complaint No. 2003-154
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 Interim 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 to dismiss the complaint since the requestor failed to provide the information requested by the custodian in the time frame prescribed in the Council's Order.
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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Interim Findings and Recommendations of the Executive Director
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Richard Linderman, Esq.
Complainant
v.
North Brunswick Department of
Community Development
Custodian of Record
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Complaint No. 2003-154
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Executive Director's Recommendation
The Government Records Council ("Council") considered this case at its February 27, 2004 meeting. At its February 27, 2004 public meeting, the Council considered the February 23, 2004 Findings and Recommendations of the Executive Director and all related documentation submitted by the parties. The Council voted to adopt said Findings and Recommendations and added the following:
- Mr. Linderman is to provide the information requested by the custodian with a copy to the Acting Executive Director within five business days of receipt of the decision.
- Failure to provide the requested information will result in the case being dismissed.
As of March 8, 2004, the Executive Director has not received the information requested by the custodian from the requestor.
The Executive Director respectfully recommends that the Council dismiss the case since the requestor failed to provide the requested information.
Legal Analysis
No additional legal analysis is needed beyond that which was presented in the February 23, 2004 Findings and Recommendation of the Executive Director
________________________
Paul F. Dice
Executive Director
Government Records Council
March 8, 2004
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Interim Decision
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Mr. Richard Linderman, Esq.,
Complainant
v.
North Brunswick Department of
Community Development,
Custodian of Record
|
Complaint No. 2003-154
Decision Issued: February 27 2004
Decision Effective: March 1, 2004
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At its February 27, 2004 public meeting, the Government Records Council (“Council”) considered the February 23, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to adopt said Findings and Recommendations and added the following:
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Mr. Linderman is to provide the information requested by the custodian with a copy to the Acting Executive Director within five business days of receipt of the decision.
-
Failure to provide the requested information will result in the case being dismissed.
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
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Richard Linderman, Esq.
Complainant
v.
North Brunswick Department of
Community Development
Custodian of Record
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Complaint No. 2003-154
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Relevant Records Requested: Copies of original certificates of occupancy for each condominium unit located in the Renaissance Village I condominium development.
Custodian: Robert Weeks/Tom Paun
Request Made: October 14, 2003
Response Made: January 15, 2004
GRC Complaint filed: December 20, 2003
Recommendations of Acting Executive Director
This OPRA compliant filed December 20, 2003 alleges denial of OPRA requests to review copies of the original certificate of occupancy issued by North Brunswick for each of the Condominium units located in the Renaissance Village I condominium development.
The custodian has sent a request to Mr. Linderman on 1/15/2004 for address information so that they can clarify his request.
The Acting Executive Director respectfully recommends that the Council send a letter to Mr. Linderman requesting that he get the information requested by the custodian to the custodian’s office within five business days of receipt.
Legal Analysis
Based upon the recommendation, no legal analysis is needed.
Documents Reviewed
The following documents have been submitted to members of the Government Records Council concerning the case:
- 10/14/2003 - Letter from Complainant to Custodian requesting access to records
- 11/5/2003 - Follow-up letter from Complainant to Custodian reiterating request
- 12/2/2003 - Second follow-up letter from Complainant to Custodian reiterating request
- 12/20/2003 - Denial of Access Complaint
- 1/14/2004 - Offer of Mediation (to Complainant and Custodian)
- 1/15/2004 - Letter from Custodian to Complainant concerning clarification of request
- 1/28/2004 - Transmittal e-mail of Case Information Statement form to Custodian
Conclusion
The Acting Executive Director respectfully recommends that the Council send a letter to Mr. Linderman requesting that he get the information requested by the custodian to the custodian’s office within five business days of receipt.
________________________
Paul F. Dice
Acting Executive Director
Government Records Council
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