Final Decision
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Robert Hopewell, III
Complainant
v.
Passaic Valley Sewerage Commission
Custodian of Record
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Complaint No. 2003-48
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 to adopt the entirety of said Findings and Recommendations to dismiss the case based on the Government Records Council Staff’s inability to communicate with the requestor.
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 Executive Director
Robert W. Hopewell, GRC Complaint No. 2003-48
Complainant
v.
Passaic Valley Sewerage Commissioners,
Custodian of Records
Relevant Records Requested: All correspondences and written communication of any kind between Passaic Valley Sewerage Commissioners (PVSC) and Hazen and Sawyer, P.C./Paulus, Sokolowski and Sartor (H&S/PS&S) regarding or in any way related to PVSC and H&S/PS&S for services relating to these contracts; All correspondence and written communication of any kind between PVSC and H&S/PS&S for services relating to these contracts; and all correspondences and written communication of any kind between Passaic Valley Sewerage Commissioners and Paulus, Sokolowski and Sartor regarding or in any way related to PVSC Contract No.’s A233A, A231 or the agreements between PVSC and H&S/PS&S for services relating to these contracts.
Request made: April 3, 2003
Response made: Unknown
Custodian: Louis Lanzillo
GRC Complaint filed: April 21, 2003
Recommendations of Acting Executive Director
Based on the information received from the requestor's counsel and custodian, the issues in the complaint have been resolved. Government Records Council staff sent a January 29, 2004 to the complainant requesting a written reply regarding the resolution of the case by February 9, 2004. Since there was no reply to the January 29, 2004 letter, another letter was sent via UPS on February 18, 2004 indicating that the case would be closed. Delivery was confirmed and the case is considered closed.
Based on the Staff's inability to communicate with Mr. Hopewell, the Acting Executive Director respectfully recommends that the Council dismiss the complaint.
Legal Analysis
No legal analysis is required in this complaint.
Documents Reviewed
The following documents were reviewed in preparing the Findings and Recommendations for this case:
- April 3, 2003 - Records Requests
- April 21, 2003 - Denial of Access Filed with Supplemental
- April 21, 2003 - Requestor's Counsel Submitted Letter to GRC with Exhibits
- April 30, 2003 - Phone Consultation Log Between Custodian and GRC Indicating that the Custodian’s Counsel Would Contact the GRC
- April 30, 2003 - Phone Consultation Log Between the GRC and Custodian Counsel Indicating that the Agency Did Not Deny the Records
- May 2, 2003 - Custodian Counsel’s Letter to Requestor
- July 17, 2003 - Custodian Counsel’s Letter to the GRC
- July 18, 2003 - Letter from the Requestor’s Counsel to GRC Indicating that the Firm Commenced Legal Action Against the Custodian
- January 29, 2004 - GRC Letter to Requestor Requesting an Update on the Case
- February 18, 2004 - GRC Letter to Requestor Indicating that the GRC Will Close the Case
- February 19, 2004 - UPS Tracking Form of Certified 2/18/04 Letter
Based on the Staff's inability to communicate with Mr. Hopewell, the Acting Executive Director respectfully recommends that the Council dismiss the complaint.
______________________
Paul F. Dice
Acting Executive Director
Government Records Council
March 7, 2004
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